Common use of Freedom of Information Clause in Contracts

Freedom of Information. 17.1 The Service Providers acknowledge that the Client and the Authorised Entities may be subject to the requirements of the FOIA and the EIR and shall assist and co-operate with the Client or the Authorised Entity concerned to enable it to comply with its information disclosure obligations. 17.2 Each Service Provider shall and shall procure that its sub-contractors shall: 17.2.1 transfer to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 provide the Client or the Authorised Entity with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires within five (5) Working Days (or such other period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s request; and 17.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 In no event shall a Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into account. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.

Freedom of Information. 17.1 19.1 The Service Providers acknowledge Provider acknowledges and accepts that the Client and the Authorised Entities may be Administering Authority is subject to the requirements of the FOIA and the EIR EIRs. The Provider shall: 19.1.1 provide all necessary assistance and shall assist and co-operate with cooperation as reasonably requested by the Client or the Authorised Entity concerned Administering Authority to enable it the Administering Authority to comply with its information Information disclosure obligations.obligations under the FOIA and EIRs; 17.2 Each Service Provider shall and shall procure that its sub-contractors shall: 17.2.1 19.1.2 transfer to the Client or the Authorised Entity Administering Authority all Requests for Information relating to this DPS Agreement that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Informationreceipt; 17.2.2 19.1.3 provide the Client or the Authorised Entity Administering Authority with a copy of all Information belonging to the Administering Authority which is in its possession, the Provider's possession or power control and reasonably required pursuant to a Request for Information in the form that the Client or the Authorised Entity Administering Authority requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Administering Authority may reasonably specify) of the Client’s or the Authorised Entity’s requestAdministering Authority's request for such Information; and 17.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 In no event shall a Service Provider 19.1.4 not respond directly to a Request for Information unless expressly authorised in writing to do so by the Client or the relevant Authorised EntityAdministering Authority. 17.5 Each Service 19.2 The Provider acknowledges that the Client and Administering Authority may be required under the Authorised Entities may, acting FOIA and/or the EIRs to disclose Information without consulting or obtaining consent from the Provider. The Administering Authority shall take reasonable steps to notify the Provider of any such Request for Information (in accordance with the relevant codes Secretary of practice State's Section 45 Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA) to the extent that it is permissible and reasonably practical for it to do so but (notwithstanding any other provision in this DPS Agreement) for the purpose of this DPS Agreement, the Administering Authority shall be responsible for determining in its absolute discretion whether any information is exempt from disclosure in accordance with the FOIA and/or the EIRs. 19.3 In the event that the Provider fails to comply with this Clause 19 (Freedom of Information Xxx 0000Information), be obliged the Administering Authority reserves the right to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into accountterminate this DPS Agreement for material Default. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.

Freedom of Information. 17.1 14.1 The Service Providers acknowledge Tenant acknowledges that the Client and the Authorised Entities may be Landlord is subject to legal duties which may require the requirements release of information under the FOIA Legislation and the EIR Legislation and shall may be under an obligation to provide information subject to an Information Request without obtaining consent from the Tenant. The Parties acknowledge that such information may include matters relating to, arising out of or under this Agreement and any information provided by the Tenant [and/or the Tenant’s Surety] prior thereto. 14.2 The Tenant [and/or the Tenant’s Surety] agree[s] to assist and co-operate with the Client or the Authorised Entity concerned Landlord so as to enable it the Landlord to comply with its information disclosure obligationsobligations under the FOIA Legislation and/or the EIR Legislation (as applicable). 17.2 Each Service Provider shall 14.3 Without prejudice to the generality of clauses 14.2 to 14.2 (inclusive) the Tenant [and/or the Tenant’s Surety] will (at its own expense) and shall will procure that its it’s employees, officers, suppliers, sub-contractors shall: 17.2.1 and agents (“personnel”) (at their own expense) will transfer to the Client Landlord (or such other person and/or nominated individual notified by the Authorised Entity all Requests for Landlord to the Tenant) each Information Request that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for such Information Request. 14.4 In this clause 14.4 references to “Information; 17.2.2 provide the Client or the Authorised Entity with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires within five ” shall be references (5) Working Days (or such other period as the Client or context shall require) to Information held by the Authorised Entity may specify) Tenant [and/or the Tenant’s Surety] on behalf of the Client’s or the Authorised Entity’s request; and 17.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance Landlord and any obligations set out in section 10 of this clause 14.4 imposed on the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned Tenant shall be responsible for determining in construed accordingly so as to only refer to the Information they respectively hold. The Tenant [and/or the Tenant’s Surety] will (at its absolute discretion whether any Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 In no event shall a Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into account. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.own expense):

Freedom of Information. 17.1 The Service Providers acknowledge that the Client and the Authorised Entities may be subject to the requirements of the FOIA and the EIR and shall assist and co-operate with the Client or the Authorised Entity concerned to enable it to comply with its information disclosure obligations. 17.2 Each Service Provider shall and shall procure that its sub-contractors shall: 17.2.1 transfer to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 provide the Client or the Authorised Entity with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires within five (5) Working Days (or such other period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s request; and 17.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 In no event shall a Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Act 2000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into account. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.

Freedom of Information. 17.1 The Service Providers acknowledge Contractor acknowledges that the Client Authority and the Authorised Entities may be Related Organisations are subject to the requirements of the Code of Practice on Government Information, FOIA and the EIR Environmental Information Regulations and shall assist and co-operate with the Client or Authority and the Authorised Entity concerned Related Organisations to enable it the Authority and Related Organisations to comply with its information their respective Information disclosure obligations. 17.2 Each Service Provider . The Contractor shall and shall procure that its sub-contractors shall: 17.2.1 : transfer to the Client or Authority or, as applicable, the Authorised Entity relevant Related Organisation all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Business Days of receiving a Request for Information; 17.2.2 ; provide the Client or Authority or, as applicable, the Authorised Entity relevant Related Organisation with a copy of all Information in its possession, or power in the form that the Client or Authority or, as applicable, the Authorised Entity relevant Related Organisation requires within five (5) Working Business Days (or such other period as the Client or the Authorised Entity Authority may specify) of the Client’s or the Authorised Entity’s Authority's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Authority to enable the Client or Authority or, as applicable, the Authorised Entity relevant Related Organisation to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 Environmental Information Regulations. The Authority or, as applicable, the Client or the Authorised Entity concerned relevant Related Organisation shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a Service Provider the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Client Authority or, as applicable, the relevant Related Organisation. The Contractor acknowledges that (notwithstanding the provisions of this clause 48.9 (Freedom of Information)) the Authority or, as applicable, the relevant Related Organisation may be obliged under the FOIA, or the relevant Authorised Entity. 17.5 Each Service Provider acknowledges that Environmental Information Regulations to disclose information concerning the Client and Contractor or the Authorised Entities may, acting Services: in accordance certain circumstances without consulting the Contractor; or following consultation with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Contractor and having taken their views into account provided always that where clause 48.9.5(a) (Freedom of Information Xxx 0000Information) applies the Authority shall (or, be obliged as applicable, shall ensure the relevant Related Organisation shall) take reasonable steps, where appropriate, to disclose Information without consulting give the Contractor advanced notice, or obtaining consent from failing that, to draw the Service Provider or despite having taken disclosure to the Service Provider’s views into account. 17.6 Each Service Provider Contractor's attention after any such disclosure. The Contractor shall ensure that all Information is retained for disclosure and shall permit the Client Authority and the Authorised Entities Related Organisations to inspect such records as requested from time to time. The Contractor acknowledges that the Commercially Sensitive Information listed in Schedule 15 (Commercially Sensitive Information) is of indicative value only and that the Authority and Related Organisations may be obliged to disclose it in accordance with clause 48.9.5 (Freedom of Information).

Freedom of Information. 17.1 20.1 The Service Providers acknowledge parties recognise that the Client and the Authorised Entities may be subject to the requirements of Authorities are public authorities as defined within the FOIA and therefore recognise that information relating to this Agreement may be the EIR subject of a Request. 20.2 The parties shall assist each of the Authorities in complying with their obligations under the FOIA, including but not limited to assistance without charge in gathering information to respond to a Request. 20.3 Any Authority shall be entitled to disclose any information relating to this Agreement and the Services in response to a Request, save that in respect of any Request which is in whole or part a request for Exempt Information: 20.3.1 the Authority which receives the Request shall circulate the Request and shall assist and co-operate discuss it with the Client Host Authority or all of the Authorised Entity concerned to enable it to comply with its information disclosure obligations. 17.2 Each Service Provider shall and shall procure that its sub-contractors shall: 17.2.1 transfer to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Informationother Authorities; 17.2.2 provide 20.3.2 the Client or Authority which receives the Authorised Entity with a copy of all Request shall in good faith consider any representations raised by other Authorities when deciding whether to disclose Exempt Information in its possession, or power in SAVE THAT the form that Authority which receives the Client or Request shall retain the Authorised Entity requires within five (5) Working Days (or such other period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s request; and 17.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity right to enable the Client or the Authorised Entity determine at their absolute discretion how to respond to the Request; and 20.3.3 the Authority which receives the Request for shall not disclose any Exempt Information within beyond the time for compliance set out in section 10 disclosure required by FOIA without the consent of the FOIA Authority or regulation 5 of the EIRAuthorities to which it relates. 17.3 20.4 The parties to this Agreement acknowledge and agree that any decision made by an Authority which receives a Request as to whether to disclose information relating to this Agreement pursuant to FOIA is solely the Client decision of that Authority. 20.5 An Authority will not be liable to any party to this Agreement for any loss, damage, harm or the Authorised Entity concerned shall be responsible for determining detrimental effect arising from or in its absolute discretion whether any Information is exempt from disclosure in accordance connection with the provisions disclosure of the FOIA or the EIRinformation in response to an Information Request. 17.4 In no event shall a Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into account. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.

Freedom of Information. 17.1 23.1 The Service Providers Partner Authorities acknowledge that the Client and the Authorised Entities may be each is subject to the requirements of the FOIA and the EIR and shall assist and co-operate with the Client or the Authorised Entity concerned to enable it to comply with its information disclosure obligationsEIRs. 17.2 Each Service Provider 23.2 The Partner Authorities shall and shall procure that its sub-contractors shall: 17.2.1 transfer to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 provide the Client or the Authorised Entity with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires within five (5) Working Days (or such other period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s request; and 17.2.3 provide all necessary assistance and cooperation as is reasonably requested by the Client or the Authorised Entity one another to enable them to comply with their obligations under the Client FOIA and EIR s. 23.3 The Partner Authorities acknowledge that one or other of them may be required under the Authorised Entity FOIA or EIR to respond disclose information (including Information that may be deemed to be commercially sensitive) without consulting or obtaining consent from the other, The Partner Authorities shall take reasonable steps to notify one another of a Request for Information (in accordance with the Secretary of State’s section 45 Code of Practice on the Discharge of Functions of Public Authorities under Part 1 of the FOIA) to the extent that it is permissible and reasonably practical for them to do so but (notwithstanding any other provision in this agreement) the Partner Authority that received the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information commercially sensitive information and/or any other information is exempt from disclosure in accordance with the provisions of the FOIA or and/or the EIR. 17.4 In no 23.4 If a Partner Authority ("the Recipient Partner Authority") receives an Information Request in respect of Partner Authority Data relating to the other Partner Authority the Recipient Partner Authority shall transfer the Information Request to the other Partner Authority as soon as practicable after receipt and in any event shall a Service Provider respond directly within two Business Days 23.5 The Partner Authority which owns the Partner Authority Data may at its absolute discretion direct that information should be disclosed in relation to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider acknowledges information request and/or that the Client an exemption should be claimed and the Authorised Entities may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, Recipient Partner Authority shall be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into accountcomply with any such direction. 17.6 Each Service Provider 23.6 A Partner Authority which has given a direction under the preceding clause to claim an exemption shall ensure indemnify the Recipient Partner Authority against all costs reasonably incurred in defending that claim to the Information Commissioner and/or the Information Tribunal 23.7 The Partner Authorities shall be entitled to disclose all other information relating to this Agreement and the Shared Services in response to an Information Request, save where any Information Request is retained in whole or part a request for disclosure Exempt Information in which case: 23.7.1 The Partner Authority which receives the Information Request shall circulate the Information Request and shall permit discuss it with the Client other Partner Authority; 23.7.2 the Partner Authority which receives the Information Request shall in good faith consider any representations raised by the other Partner Authority when deciding whether to disclose' Exempt Information; and 23.7.3 the Partner Authority which receives the Information Request shall not disclose any Exempt Information beyond the disclosure required by FOI Legislation without the written consent of the other Partner Authority, For the purposes of clause 23.7.3 the Partner Authorities acknowledge and agree that any decision made by a Partner Authority which receives an Information Request as to whether to disclose information relating to this Agreement pursuant' to FOI Legislation is solely the Authorised Entities decision of that Partner Authority. A Partner Authority will not be liable to inspect such records as requested the other Partner Authority for any loss, damage, harm or detrimental effect howsoever arising from time or in connection with the disclosure of information in response to timean Information Request.

Freedom of Information. 17.1 37.1. The Service Providers acknowledge Provider acknowledges that the Client and the Authorised Entities may be Authority is subject to the requirements of the Code of Practice on Government Information, the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned Authority to enable it the Authority to comply with its information Information disclosure obligations. 17.2 Each 37.2. The Service Provider shall and shall procure that its subSub-contractors Contractors shall: 17.2.1 37.2.1. transfer to the Client or the Authorised Entity Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 37.2.2. provide the Client or the Authorised Entity Authority with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity Authority requires within five (5) Working Days (or such other period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s request; andwithin 17.2.3 37.2.3. provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Authority to enable the Client or the Authorised Entity Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIREnvironmental Information Regulations. 17.3 the Client or the Authorised Entity concerned 37.3. The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the EIREnvironmental Information Regulations. 17.4 In 00.0. Xx no event shall a the Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised EntityAuthority. 17.5 Each 37.5. The Service Provider acknowledges that (notwithstanding the Client and other provisions of this Condition 37) the Authorised Entities Authority may, acting in accordance with the relevant codes Department of practice Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information without consulting or obtaining consent from information concerning the Service Provider or despite the Services: 00.0.0. xx certain circumstances without consulting the Service Provider; or 37.5.2. following consultation with the Service Provider and having taken its views into account; provided always that where Condition 37.5.1 applies, the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Service Provider advanced notice, or failing that, to draw the disclosure to the Service Provider’s views into accountattention after any such disclosure. 17.6 Each 37.6. The Service Provider shall ensure that all Information is retained for disclosure in accordance with Condition 20 (Retention of Documents and Right of Audit) and shall permit the Client and the Authorised Entities Authority to inspect such records as requested from time to time. 37.7. The Service Provider acknowledges that the Commercially Sensitive Information listed in the Service Provider’s proposal is of indicative value only and that the Authority may be obliged to disclose it in accordance with this Condition 37. PRICING AND PAYMENt

Freedom of Information. 17.1 22.1 The Service Providers acknowledge Provider recognises that each Customer is subject to legal duties which may require the release of information under FOIA or any Other Information Law and that each Customer may be under an obligation to provide information on request. Such information may include matters relating to, arising out of or under, any Service Agreement and, in the case of the Council, this Supplier Agreement in any way. 22.2 Notwithstanding anything in any Services Agreement and/or, in the case of the Council, this Supplier Agreement to the contrary, in the event that any Customer receives a request for information under the FOIA or any Other Information Law, that Customer shall be entitled to disclose all information and documentation (in whatever form) as is necessary to respond to that request in accordance with the FOIA or Other Information Law, save that in relation to any such information that the Client and Customer believes is Exempt Information, the Authorised Entities may be subject Customer shall use reasonable endeavours to consult the requirements of the FOIA and the EIR and shall assist and co-operate with the Client or the Authorised Entity concerned to enable it to comply with its information disclosure obligations. 17.2 Each Service Provider shall and shall procure that its sub-contractors shall: 17.2.1 transfer to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable after receipt of such a request and shall not: (a) confirm or deny that the information in question is held by the Customer; or (b) disclose the information requested, to the extent that in the Customer's opinion (having taken into account the views of the Service Provider) that exemption is or may be applicable in accordance with the relevant section of FOIA in the circumstances to all or any of the information requested. 22.3 Where any Customer consults with the Service Provider in accordance with Clause 22.2 above, the Service Provider shall make its written representations as to whether it believes the information falls within an exemption under the FOIA to the Customer within 14 days of receiving the Customer's request for consultation. 22.4 The Service Provider shall indemnify each Customer for any costs that the relevant Customer incurs, including but not limited to external legal costs, in seeking to maintain the withholding of information arising out of or under any Services Agreement and, in the case of the Council, the Supplier Agreement in any way that the Service Provider wishes it to withhold, including but not limited to responding to information notices or lodging appeals against a decision of the Information Commissioner in relation to disclosure. 22.5 In any event each Customer shall have no liability for any loss, damage, harm or other detriment however caused arising from the disclosure of any Exempt Information or other information relating to any Services Agreement and, in the case of the Council, this Supplier Agreement under FOIA or Other Information Law. 22.6 The Service Provider will at all times assist each Customer to enable that Customer to comply fully with its obligation under FOIA governing access to information or Other Information Law or related guidelines or codes of practice. In particular it acknowledges that each Customer is entitled to any and all information relating to or arising in the course of the performance of any Services Agreement and/or, in the case of the Council, this Supplier Agreement. In the event that any Customer receives a request for information under the FOIA or Other Information Law, and requires the Service Provider's assistance in obtaining all or any such information, the Service Provider will respond to any such request for assistance at its own cost and promptly and in any event within two (2) Working Days 10 days of receiving a Request for Information; 17.2.2 provide the Client or the Authorised Entity with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires within five (5) Working Days Customer's request (or such other reasonable time period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s request; and 17.2.3 provide all necessary assistance as is reasonably requested specified by the Client or Customer when making the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance request). 22.7 Other than as set out in section 10 of above each Customer shall have no obligation to consult the Service Provider where any request for information, whether under the FOIA or regulation 5 otherwise, touches or concerns any Services Agreement and/or, in the case of the EIRCouncil, this Supplier Agreement. 17.3 the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 22.8 In no event shall a the Service Provider respond directly to a Request request for Information information unless expressly authorised to do so by the Client or the relevant Authorised EntityCustomer. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into account. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.

Freedom of Information. 17.1 42.1 The Service Providers acknowledge Commissioner is a public authority to which the FOIA applies. The Commissioner is obliged to consider written requests for information from members of the public and must disclose the requested information unless an exemption is available under the Act. In response to a request for information (including information provided by the Contractor in the course of this tendering exercise), the Commissioner may be required to confirm or deny it holds information to the applicant. 42.2 The Commissioner will generally make the following information available on request:- (a) the names of successful bidder(s); (b) the duration of the contract; and (c) the goods or services supplied. 42.3 The Commissioner must respond to requests for information by the 20th working day after the request is received and, whilst the Commissioner may consult with the Contractor (but will not necessarily do so) about specific requests, any such consultation will have to be completed within a very short timescale. Accordingly, the Contractor must consider whether any of the information supplied by the Contractor (or relating to the Contractor) in this tendering exercise falls within one or more of the exemptions contained in Part II of the FOIA. If the Contractor does consider any such exemption to exist, then this shall be set out in detail, at the earliest opportunity (preferably when providing the information), the particular information to which any exemption applies and the specific grounds for contending that the Client exemption exists. 42.4 The Contractor shall provide the Commissioner with all reasonable assistance and co- operation to enable it to comply with any requests for information received under the Authorised Entities may be FOIA within the prescribed time limits. 42.5 The Contractor shall take any necessary legal advice in relation to the operation of the FOIA at the earliest opportunity. 42.6 No liability shall arise on the part of the Commissioner in respect of the disclosure of any information by it in proper compliance with the FOIA. 42.7 The Contractor acknowledges that the Commissioner is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or Commissioner (at the Authorised Entity concerned Contractor’s expense) to enable it the Commissioner to comply with its information these Information disclosure obligationsrequirements. 17.2 Each Service Provider 42.8 The Contractor shall and shall procure that its sub-contractors shall: 17.2.1 (a) transfer the Request for Information to the Client or the Authorised Entity all Requests for Information that it receives Commissioner as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 (b) provide the Client or the Authorised Entity Commissioner with a copy of all Information in its possession, possession or power in the form that the Client or the Authorised Entity Commissioner requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Commissioner may specify) of the Client’s or the Authorised Entity’s requestCommissioner requesting that Information; and 17.2.3 (c) provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Commissioner to enable the Client or the Authorised Entity Commissioner to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIREnvironmental Information Regulations. 17.3 the Client or the Authorised Entity concerned 42.9 The Commissioner shall be responsible for determining in at its absolute discretion whether the Commercially Sensitive Information and/or any Information other Information: (a) is exempt from disclosure in accordance with the provisions of the FOIA or the EIR.Environmental Information Regulations; 17.4 In (b) is to be disclosed in response to a Request for Information, and in no event shall a Service Provider the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised EntityCommissioner. 17.5 Each Service Provider 42.10 The Contractor acknowledges that the Client and the Authorised Entities Commissioner may, acting in accordance with the relevant codes Department for Constitutional Affairs’ Code of practice Practice on the Discharge of the Functions of Public Authorities under Part 1 I of the Freedom of Information Xxx 0000FOIA, be obliged under the FOIA or the Environmental Information Regulations to disclose Information Information:- (a) without consulting with the Contractor, or obtaining consent from (b) following consultation with the Service Provider or despite Contractor and having taken the Service Provider’s its views into account. 17.6 Each Service Provider 42.11 The Contractor shall ensure that all Information produced in the course of the Contract or relating to the Contract is retained for disclosure and shall permit the Client and the Authorised Entities Commissioner to inspect such records as requested from time to time. 42.12 The Contractor acknowledges that any lists or schedules provided by it outlining Confidential Information are of indicative value only and that the Commissioner may nevertheless be obliged to disclose Confidential Information in accordance with Clause 42.10

Freedom of Information. 17.1 The Service Providers acknowledge a. In this clause, the following words shall have the following meanings: EIR: the Environmental Information Regulations 2004 together with any guidance and/or codes of practice issues by the Information Commissioner or relevant government department in relation to such regulations. FOIA: the Freedom of Information Xxx 0000 and any subordinate legislation made under the Act from time to time, together with any guidance and/or codes of practice issued by the Information Commissioner or relevant government department in relation to such legislation. Information: has the meaning given under section 84 of FOIA. Request for Information: a request for Information or an apparent request under FOIA or EIR. b. We acknowledges that the Client and the Authorised Entities you may be subject to the requirements of the FOIA and the EIR and shall assist and co-co- operate with the Client or the Authorised Entity concerned you (at your expense) to enable it you to comply with its information disclosure obligationsobligations under FOIA and EIR. We shall act in accordance with the FOIA, the EIR and any other similar codes of practice or guidance from time to time as applicable to a service provider. 17.2 Each Service Provider c. We shall and shall procure that its our employees, agents, sub-contractors and any other representatives, including the Individual, shall: 17.2.1 : i transfer to the Client or the Authorised Entity all Requests any Request for Information that it receives as to you soon as practicable after receipt and in any event within two (2) Working Business Days of receiving a Request for Information; 17.2.2 ; ii provide the Client or the Authorised Entity you with a copy of all Information in its possession, possession or power in the form that the Client or the Authorised Entity requires you reasonably require within five (5) Working Business Days (or such other period as the Client or the Authorised Entity you may specify) of the Client’s or the Authorised Entity’s requestyou requesting that Information; and 17.2.3 and iii provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity you to enable the Client or the Authorised Entity you to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned d. You shall be responsible for determining (in its absolute discretion discretion) whether any Information Information: i is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 In ; ii is to be disclosed in response to a Request for Information, and in no event shall a Service Provider respond we respond, or permit an individual to respond, directly to a Request for Information unless expressly authorised to do so in writing by the Client or the relevant Authorised Entity.you 17.5 Each Service Provider acknowledges e. We acknowledge that the Client and the Authorised Entities may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, you may be obliged under the FOIA or EIR to disclose Information Information: i. without consulting us, or obtaining consent from the Service Provider or despite ii following consultation with us and having taken the Service Provider’s its views into account. 17.6 Each Service Provider shall ensure that all Information is retained for f. Where clause dii applies you shall, in accordance with any recommendations issued under any code of practice issued under section 45 of FOIA, take reasonable steps, where appropriate, to give us advanced notice, or failing that, to draw the disclosure and shall permit the Client and the Authorised Entities to inspect our attention as soon as practicable after any such records as requested from time to timedisclosure.

Freedom of Information. 17.1 23.1 The Service Providers acknowledge Provider recognises that each Customer is subject to legal duties which may require the release of information under FOIA or any Other Information Law and that each Customer may be under an obligation to provide information on request. Such information may include matters relating to, arising out of or under, any Service Agreement and, in the case of the Council, this Supplier Agreement in any way. 23.2 Notwithstanding anything in any Services Agreement and/or, in the case of the Council, this Supplier Agreement to the contrary, in the event that any Customer receives a request for information under the FOIA or any Other Information Law, that Customer shall be entitled to disclose all information and documentation (in whatever form) as is necessary to respond to that request in accordance with the FOIA or Other Information Law, save that in relation to any such information that the Client and Customer believes is Exempt Information, the Authorised Entities may be subject Customer shall use reasonable endeavours to consult the requirements of the FOIA and the EIR and shall assist and co-operate with the Client or the Authorised Entity concerned to enable it to comply with its information disclosure obligations. 17.2 Each Service Provider shall and shall procure that its sub-contractors shall: 17.2.1 transfer to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable after receipt of such a request and shall not: (a) confirm or deny that the information in question is held by the Customer; or (b) disclose the information requested, to the extent that in the Customer's opinion (having taken into account the views of the Service Provider) that exemption is or may be applicable in accordance with the relevant section of FOIA in the circumstances to all or any of the information requested. 23.3 Where any Customer consults with the Service Provider in accordance with Clause 22.2 above, the Service Provider shall make its written representations as to whether it believes the information falls within an exemption under the FOIA to the Customer within 14 days of receiving the Customer's request for consultation. 23.4 The Service Provider shall indemnify each Customer for any costs that the 23.5 In any event each Customer shall have no liability for any loss, damage, harm or other detriment however caused arising from the disclosure of any Exempt Information or other information relating to any Services Agreement and, in the case of the Council, this Supplier Agreement under FOIA or Other Information Law. 23.6 The Service Provider will at all times assist each Customer to enable that Customer to comply fully with its obligation under FOIA governing access to information or Other Information Law or related guidelines or codes of practice. In particular it acknowledges that each Customer is entitled to any and all information relating to or arising in the course of the performance of any Services Agreement and/or, in the case of the Council, this Supplier Agreement. In the event that any Customer receives a request for information under the FOIA or Other Information Law, and requires the Service Provider's assistance in obtaining all or any such information, the Service Provider will respond to any such request for assistance at its own cost and promptly and in any event within two (2) Working Days 10 days of receiving a Request for Information; 17.2.2 provide the Client or the Authorised Entity with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires within five (5) Working Days Customer's request (or such other reasonable time period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s request; and 17.2.3 provide all necessary assistance as is reasonably requested specified by the Client or Customer when making the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance request). 23.7 Other than as set out in section 10 of above each Customer shall have no obligation to consult the Service Provider where any request for information, whether under the FOIA or regulation 5 otherwise, touches or concerns any Services Agreement and/or, in the case of the EIRCouncil, this Supplier Agreement. 17.3 the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 23.8 In no event shall a the Service Provider respond directly to a Request request for Information information unless expressly authorised to do so by the Client or the relevant Authorised EntityCustomer. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into account. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.

Freedom of Information. 17.1 28.1 The Service Providers acknowledge Supplier acknowledges that the Client and the Authorised Entities may be Customer is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate with the Client or Customer (at the Authorised Entity concerned Supplier’s expense) to enable it the Customer to comply with its these information disclosure obligationsrequirements. 17.2 Each Service Provider 28.2 The Supplier shall (and shall procure that its subSub-contractors Contractors shall:): 17.2.1 28.2.1 transfer the Request for Information to the Client or the Authorised Entity all Requests for Information that it receives Customer as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 28.2.2 provide the Client or the Authorised Entity Customer with a copy of all Information in its possession, possession or power in the form that the Client or the Authorised Entity Customer requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Customer may specify) of the Client’s or the Authorised Entity’s requestCustomer requesting that Information; and 17.2.3 28.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Customer to enable the Client or the Authorised Entity Customer to respond to the a Request for Information within the time for compliance set out in section Section 10 of the FOIA or regulation 5 Regulation 5(2) of the EIREnvironment Information Regulations. 17.3 28.2.4 For the Client or purposes of this clause 28.2, “reasonable assistance” shall include the Authorised Entity concerned redaction of documentation within five (5) days of a request from the Welsh Ministers to do so. 28.3 The Customer shall be responsible for determining in its absolute discretion whether any Information Information: 28.3.1 is exempt from disclosure under the FOIA; and 28.3.2 is to be disclosed in accordance with the provisions of the FOIA or the EIRresponse to a Request for Information. 17.4 28.4 In no event shall a Service Provider the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised EntityCustomer. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into account. 17.6 Each Service Provider 28.5 The Supplier shall ensure that all Information information submitted in connection with tendering process or in the course of this Agreement or relating to this Agreement is retained for disclosure and shall permit the Client and the Authorised Entities Customer to inspect such records as requested from time to time. 28.6 The Supplier acknowledges that any lists or schedules provided by it as part of the tendering process outlining Confidential Information are of indicative value only and that the Customer may nevertheless be obliged to disclose Confidential Information in accordance with this Clause 28. 28.7 [Any failure to agree between the Customer and the Supplier arising out of or in connection with the disclosure of information under the FOIA shall be referred to the Information Commissioner for determination and resolution prior to any disclosure.]

Freedom of Information. 17.1 14.1 The Service Providers acknowledge Provider acknowledges that the Client and the Authorised Entities may be Purchaser is subject to the requirements of the FOIA and Freedom of Information Act 2000 (‘the EIR FOIA’) and shall assist and co-operate with the Client or Purchaser (at the Authorised Entity concerned Provider’s expense) to enable it the Purchaser to comply with its information disclosure obligationsrequirements. 17.2 Each Service 14.2 The Provider shall and shall procure that its sub-contractors shall:shall:- 17.2.1 14.2.1 transfer all requests for information to the Client or Purchaser (where it is reasonably apparent that such are intended to be requests for information for the Authorised Entity all Requests for Information that it receives Purchaser) as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request request for Informationinformation; 17.2.2 14.2.2 provide the Client or the Authorised Entity Purchaser with a copy of all Information any information in its possession, possession or power in the form that the Client or the Authorised Entity Purchaser requires within five (5) Working Days Day (or such other period as the Client or the Authorised Entity Purchaser may specify) of the Client’s or the Authorised Entity’s requestPurchaser requesting that information; and 17.2.3 14.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Purchaser to enable the Client or the Authorised Entity Purchaser to respond to the Request a request for Information information within the time for compliance set out in section Section 10 of the FOIA or regulation 5 of the EIRFOIA. 17.3 the Client or the Authorised Entity concerned 14.3 The Purchaser shall be responsible for determining in at its absolute discretion whether the Commercially Sensitive Information and/or any Information other information:- 14.3.1 is exempt from disclosure in accordance with the provisions of the FOIA or Code of Practice on the EIRDischarge of Public Authorities' Functions under Part 1 FOIA; or 14.3.2 is to be disclosed in response to a request for information. 17.4 14.4 In no event shall a Service the Provider respond directly to a Request request for Information information unless expressly authorised to do so by the Client or the relevant Authorised EntityPurchaser. 17.5 Each Service 14.5 The Provider acknowledges that the Client and the Authorised Entities Purchaser may, acting in accordance with the relevant codes Code of practice Practice on the Discharge of the Public Authorities' Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000FOIA, be obliged to disclose Information Information: 14.5.1 without consulting or obtaining consent from with the Service Provider; or 14.5.2 following consultation with the Provider or despite and having taken the Service Provider’s its views into account. 17.6 Each Service 14.6 The Provider shall ensure that all Information information produced in the course of this Agreement or relating to this Agreement is retained for disclosure and shall permit the Client and the Authorised Entities Purchaser to inspect such records as requested from time to time. 14.7 The Provider acknowledges that any lists or schedules provided by it outlining Commercially Sensitive Information are of indicative value only and that the Purchaser may nevertheless be obliged to disclose Confidential Information in accordance with Clause 14.3.

Freedom of Information. 17.1 The Service Providers acknowledge Supplier acknowledges that the Client and the Authorised Entities may be Customer is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned Customer to enable it the Customer to comply with its information Information disclosure obligations. 17.2 Each Service Provider . The Supplier shall and shall procure that its sub-contractors Sub‑contractors shall: 17.2.1 : transfer to the Client or the Authorised Entity Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity Customer with a copy of all Information in its possession, or power control in the form that the Client or the Authorised Entity Customer requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Customer may specify) of the Client’s or the Authorised Entity’s Customer's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Customer to enable the Client or the Authorised Entity Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned Environmental Information Regulations. The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other Contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a Service Provider the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider Customer. The Supplier acknowledges that (notwithstanding the Client and provisions of clause 19.6) the Authorised Entities Customer may, acting in accordance with the relevant codes Department of practice Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Act 2000 ("the Code"), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or obtaining consent from following consultation with the Service Provider or despite Supplier and having taken the Service Provider’s their views into account. 17.6 Each Service Provider , provided always that where clause 19.8.5 applies the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier's attention after any such disclosure. The Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of this Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client and the Authorised Entities Customer to inspect such records as requested from time to time. The Supplier acknowledges that the Commercially Sensitive Information is of indicative value only and that the Customer may be obliged to disclose it in accordance with clause 19.8.5.

Freedom of Information. 17.1 The Service Providers acknowledge Authorities recognise that the Client each Authority is a public authority as defined by FOI Legislation and the Authorised Entities therefore recognise that information relating to this Agreement may be the subject to the requirements of the FOIA and the EIR and an Information Request which shall assist and co-operate be considered in accordance with the Client or the Authorised Entity concerned to enable it to comply with its information disclosure obligationsthis Clause 17. 17.2 Each Service Provider The Authorities shall assist each other in complying with their obligations under FOI Legislation, as they relate to Information Requests made in relation to this Agreement, including but not limited to assistance without charge in gathering information to respond to an Information Request relating to this Agreement. For the avoidance of doubt, nothing in this clause 17.2, shall require an Authority to provide information, if the relevant information has not been held on behalf of the Authority that received the Information Request. 17.3 Where an Authority receives an Information Request in relation to this Agreement and shall procure another Authority holds information or records on behalf of that its sub-contractors shall: 17.2.1 transfer Authority, upon request, such other Authority agrees to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 provide the Client or the Authorised Entity first Authority with a copy of all such information related to the Information in its possessionRequest, or power in the form that the Client or the Authorised Entity first Authority reasonably requires within five (5) Working Days business days (or such other period as the Client or the Authorised Entity first Authority may reasonably specify) of the Client’s or the Authorised Entityfirst Authority’s request. 17.4 Each Authority, as a separate public authority, shall in its absolute and sole discretion, decide: 17.4.1 whether the Information Request is valid under the FOI Legislation, as well as all other considerations relevant in the assessment of an Information Request under the FOI Legislation, such as any considerations (as may be applicable) regarding the cost of complying with a request or any charges for responding to a request, whether the request is repeated, vexatious or manifestly unreasonable and any other relevant considerations; 17.4.2 whether the information requested in an Information Request is relevant to the Agreement; 17.4.3 whether, if the Information Request does relate to the Agreement, whether the information is Exempt Information; 17.4.4 where appropriate, whether or not in all circumstances of the case the public interest in maintaining any exemption outweighs the public interest in disclosing the requested information ; and 17.2.3 provide all necessary assistance 17.4.5 whether the information requested in the Information Request is to be disclosed or not, or proactively disclosed regardless of whether an Information Request has been received or not. 17.5 Where an Authority receives an Information Request for information about the Agreement which may be Exempt Information and which refers to one or more of the Authorities, then where reasonably practicable take reasonable steps prior to disclosure of such information to: 17.5.1 circulate the Information Request to the other Authorities and invite the other Authorities to make representations to the Authority which received the Information Request as to whether or not the information is Exempt Information as soon as reasonably requested by the Client or the Authorised Entity possible, ensuring that such submissions are made in good time so as to enable the Client Authority which received the Information Request to comply with their obligations under the FOI Legislation; and 17.5.2 in good faith, consider any representations raised by the other Authorities when deciding whether to disclose Exempt Information, but the Authority which receives the Information Request shall not be obliged to accept or the Authorised Entity to respond agree to the Request for Information within representations which are made by the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIRother Authorities. 17.3 the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with 17.6 The Authorities acknowledges that (notwithstanding the provisions of this clause 17) the FOIA or Authority which received the EIR. 17.4 In no event shall a Service Provider respond directly to a Information Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, under the FOI Legislation or acting in accordance with the relevant codes Department of practice Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 I of the Freedom of Information Xxx 00000000 (the “Code”), be obliged under the FOI Legislation to disclose Information information concerning this Agreement or the other Authorities: 17.6.1 in certain circumstances without consulting or obtaining consent from with the Service Provider or despite other Authorities; or 17.6.2 following consultation with the other Authorities and having taken the Service Provider’s their views into account, provided always that where clause 17.5.1 above applies the Authority which receives the Information Request, take reasonable steps wherever practicable to draw this to the attention of the other Authorities prior to any disclosure. 17.6 Each Service Provider shall ensure 17.7 The Authorities acknowledge and agree that all an Authority will not be liable to the other Authority for any loss, damage, harm or detrimental effect arising from or in connection with the disclosure of information in response to an Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to timeRequest.

Freedom of Information. 17.1 37.1. The Service Providers acknowledge Contractor acknowledges that the Client and the Authorised Entities may be Authority is subject to the requirements of the FOIA and the EIR FOIL and shall assist and co-operate cooperate with the Client or Authority (at the Authorised Entity concerned Authority’s expense) to enable it the Authority to comply with its information disclosure obligationsrequirements (if necessary). 17.2 Each Service Provider 37.2. The Contractor shall and shall procure that its sub-contractors shall: 17.2.1 (a) transfer the Request for Information to the Client or the Authorised Entity all Requests for Information that it receives Authority as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 (b) provide the Client or the Authorised Entity Authority with a copy of all Information in its possession, possession or power in the form that the Client or the Authorised Entity Authority requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Authority may specify) of the Client’s or the Authorised Entity’s requestAuthority requesting that Information; and 17.2.3 (c) provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Authority to enable the Client or the Authorised Entity Authority to respond to the a Request for Information within the time for compliance set out in section 10 Article 13 of the FOIA FOIL or regulation 5 of any subordinate legilslation made under the EIRLaw. 17.3 the Client or the Authorised Entity concerned 37.3. The Authority shall be responsible for determining in at its absolute discretion whether the Commercially Sensitive Information and/or any Information other Information: (a) is exempt from disclosure in accordance with the provisions of the FOIA or the EIR.FOIL; 17.4 In (b) is to be disclosed in response to a Request for Information; and in no event shall a Service Provider the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised EntityAuthority. 17.5 Each Service Provider 37.4. The Contractor acknowledges that the Client and the Authorised Entities Authority may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, FOIL be obliged under FOIL to disclose Information Information: (a) without consulting or obtaining consent from with the Service Provider or despite Contractor, or (b) following consultation with the Contractor and having taken the Service Provider’s its views into account. 17.6 Each Service Provider 37.5. The Contractor shall ensure that all Information produced in the course of the Contract or relating to the Contract is retained for disclosure for the Term of this Agreement or as otherwise agreed and shall permit the Client and the Authorised Entities Authority to inspect such records (including but not limited to audit records of disposed information) as requested from time to time. 37.6. The Contractor acknowledges that any lists or Schedules provided by it outlining Confidential Information are of indicative value only and that the Authority may nevertheless be obliged to disclose Confidential Information in accordance with clause 37.4.

Freedom of Information. 17.1 (1) The Service Providers acknowledge Contractor acknowledges that the Client Authority and the Authorised Entities may be Customer are subject to the requirements of the FOIA Freedom of Information Act 2000 (“FOIA”) and the EIR Environmental Information Regulations 2004 (“EIR”) and shall assist and co-operate cooperate with the Client or Authority, at the Authorised Entity concerned Contractor’s expense, to enable it the Authority and the Customer to comply with its these information disclosure obligationsrequirements. 17.2 Each Service Provider shall (2) In this Condition, “Information” and shall procure that its sub-contractors shall:“Request for Information” are to be interpreted in accordance with the FOIA and the EIR. 17.2.1 transfer (3) The Contractor shall:- (a) Transfer any Request for Information to the Client or the Authorised Entity all Requests for Information that it receives Authority as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for InformationDays; 17.2.2 provide (b) Provide the Client or the Authorised Entity Authority with a copy of all Information in its possession, possession or power in the form that the Client or the Authorised Entity Authority requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Authority may specify) of the Client’s or the Authorised Entity’s request; andAuthority requesting that Information; 17.2.3 provide (c) Provide all necessary assistance as is reasonably requested by the Client Authority to enable it the Authority or the Authorised Entity to enable the Client or the Authorised Entity Customer to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client (4) The Authority or the Authorised Entity concerned Customer (as the case may be) shall be responsible for determining in determining, at its absolute discretion discretion, whether any Information Information:- (a) is exempt from disclosure in accordance with the provisions of the FOIA or the EIR; (b) is to be disclosed in response to a Request for Information. 17.4 (5) In no event shall a Service Provider the Contractor respond directly to a Request for of Information unless expressly authorised to do so in writing by the Client or the relevant Authorised EntityAuthority. 17.5 Each Service Provider (6) The Contractor acknowledges that the Client and Authority or the Authorised Entities may, acting in accordance with Customer may be required under the relevant codes of practice on FOIA or the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged EIR to disclose Information without consulting unless an exemption applies. The Authority or obtaining consent from the Service Provider or despite having taken Customer (as the Service Provider’s views into accountcase may be) may at its discretion consult the Contractor with regard to whether the FOIA applies to the Information and whether an exemption applies. 17.6 Each Service Provider (7) The Contractor shall ensure that all Information produced in the course of the Contract or relating to the Contract is retained for disclosure and shall permit the Client and the Authorised Entities Authority to inspect such records as requested from time to time. (8) The Contractor acknowledges that any lists or schedules provided by it outlining information it deems Authority or the Customer (as the case may be) confidential or commercially sensitive are of indicative value only and that the Authority may nevertheless be obliged to disclose information which the Contractor considers confidential in accordance with paragraphs (6).

Freedom of Information. 17.1 The Service Providers acknowledge (FOIA) 20.1 CACI acknowledges that the Client and the Authorised Entities may be subject to the requirements of the FOIA and the EIR and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned to enable it the Client to comply with its information Information disclosure obligations. 17.2 Each Service Provider 20.2 CACI shall and shall procure that its any sub-contractors shall: 17.2.1 shall transfer to the Client or the Authorised Entity all Requests for Information that it CACI receives as soon as practicable and in any event within two 2 (2two) Working Days of receiving a Request for Information; 17.2.2 (a) provide the Client or the Authorised Entity with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires within five 5 (5five) Working Days (or such other period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s requestClient requests; and 17.2.3 (b) provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIRFOIA. 17.3 the 20.3 The Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Agreement or any other agreement whether any information identified by CACI is commercially sensitive information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIRFOIA. 17.4 20.4 In no event shall a Service Provider CACI respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised EntityClient. 17.5 Each Service Provider 20.5 CACI acknowledges that (notwithstanding the provisions of Clause 20) the Client and the Authorised Entities may, acting in accordance with the relevant codes Secretary of practice State for Constitutional Affairs Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Act 2000 (“the Code”), be obliged under the FOIA to disclose Information information concerning CACI or the Service sin certain circumstances: (a) without consulting or obtaining consent from the Service Provider or despite CACI; or (b) following consultation with CACI and having taken the Service Provider’s their views into account; provided always that where Clause 20.5(a) applies the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give CACI advanced notice, or failing that, to draw the disclosure to our attention after any such disclosure. 17.6 Each Service Provider 20.6 CACI shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time. 20.7 Subject to the Client complying with its obligations under this Clause 20, the Client shall not be liable for loss, damage, harm or other detriment suffered by CACI or any sub-contractor arising from the disclosure of any Information, whether or not such Information is Confidential Information, falling within the scope of the FOIA or other relevant legislation. 20.8 CACI shall ensure that the terms of any sub-contract which CACI enters into with a sub-contractor replicate the provisions of this Clause 20 such that the Client have the same rights against a sub-contractor as the Client does against CACI under this Clause 20. 20.9 The provisions of this Clause 20 shall apply during the Term of the Agreement and indefinitely after its expiry or termination.

Freedom of Information. 17.1 22.1 The Service Providers acknowledge Provider recognises that the Client Council is subject to legal duties which may require the release of information under FOIA or any Other Information Law and that the Authorised Entities Council may be subject under an obligation to provide information on request. Such information may include matters relating to, arising out of or under, this Contract in any way. 22.2 Notwithstanding anything in this Contract to the requirements of contrary, in the event that the Council receives a request for information under the FOIA or any Other Information Law, the Council shall be entitled to disclose all information and the EIR and shall assist and co-operate documentation (in whatever form) as is necessary to respond to that request in accordance with the Client FOIA or Other Information Law, save that in relation to any such information that the Authorised Entity concerned Council believes is Exempt Information, the Council shall use reasonable endeavours to enable it to comply with its information disclosure obligations. 17.2 Each consult the Service Provider shall and shall procure that its sub-contractors shall: 17.2.1 transfer to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable after receipt of such a request and shall not: (a) confirm or deny that the information in question is held by the Council; or (b) disclose the information requested, to the extent that in the Council's opinion (having taken into account the views of the Service Provider) that exemption is or may be applicable in accordance with the relevant section of FOIA in the circumstances to all or any of the information requested. 22.3 Where the Council consults with the Service Provider in accordance with Clause 22.2 above, the Service Provider shall make its written representations as to whether it believes the information falls within an exemption under the FOIA to the Council within 14 days of receiving the Council's request for consultation. 22.4 The Service Provider shall indemnify and keep indemnified the Council for any costs that the Council incurs, including but not limited to external legal costs, in seeking to maintain the withholding of information arising out of or under the Contract in any way that the Service Provider wishes it to withhold, including but not limited to responding to information notices or lodging appeals against a decision of the Information Commissioner in relation to disclosure. 22.5 In any event the Council shall not be liable for any loss, damage, harm or other detriment however caused arising from the disclosure of any Exempt Information or other information relating to this Contract under FOIA or Other Information Law. 22.6 The Service Provider will at all times assist the Council to enable the Council to comply fully with its obligation under FOIA governing access to information or Other Information Law or related guidelines or codes of practice. In particular it acknowledges that the Council is entitled to any and all information relating to or arising in the course of the performance of this Contract. In the event that the Council receives a request for information under the FOIA or Other Information Law, and requires the Service Provider's assistance in obtaining all or any such information, the Service Provider will respond to any such request for assistance at its own cost and promptly and in any event within two (2) Working Days 10 days of receiving a Request for Information; 17.2.2 provide the Client or the Authorised Entity with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires within five (5) Working Days Council's request (or such other reasonable time period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s request; and 17.2.3 provide all necessary assistance as is reasonably requested specified by the Client or Council when making the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance request). 22.7 Other than as set out in section 10 of above the Council shall have no obligation to consult the Service Provider where any request for information, whether under the FOIA or regulation 5 of the EIRotherwise, touches or concerns this Contract. 17.3 the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 22.8 In no event shall a the Service Provider respond directly to a Request request for Information information unless expressly authorised to do so by the Client or the relevant Authorised EntityCouncil. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into account. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.

Freedom of Information. 17.1 The Service Providers acknowledge 18.1 In the event that the Client and the Authorised Entities may be subject to the requirements of the FOIA and the EIR and Environmental Information Regulations apply to the Authority, any Authorised User Body or any other User Body, the Provider shall assist and co-operate cooperate with the Client or the Authorised Entity concerned that body to enable it to comply with its any disclosure obligations provided that such assistance shall not include the transfer of any information disclosure obligationsfrom the Provider to that body which is not absolutely required to be provided. If the Provider gives any such assistance or cooperation to a body other than the Authority under this clause, it shall provide a summary of the assistance provided (including a chronology of setting out when the request was made, dates of correspondence (including telephone calls and e-mails), and dates responses were provided by the Provider. 17.2 Each Service 18.2 The Provider shall and shall procure that its sub-contractors shall: 17.2.1 18.2.1 transfer to the Client or Authority (or, in the case of Requests for Information relating to a Call-Off Contract between the Provider and an Authorised Entity User Body, transfer it to the relevant Authorised User Body and provide a summary to the Authority) all Requests for Information that it receives as soon as practicable and in any event within two ten (210) Working Days of receiving a Request for Information; 17.2.2 18.2.2 provide the Client Authority (or the relevant Authorised Entity User Body, as applicable) with a copy of all Information in its possession, or power in the form that the Client Authority (or the relevant Authorised Entity User Body, as applicable) requires within five ten (510) Working Days (or such other period as the Client Authority (or the relevant Authorised Entity User Body, as applicable) may specify) of the Client’s or the Authorised EntityAuthority’s request; and 17.2.3 18.2.3 provide all necessary assistance as is reasonably requested by the Client Authority (or the relevant Authorised Entity User Body, as applicable) to enable the Client Authority (or the relevant Authorised Entity User Body, as applicable) to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIREnvironmental Information Regulations. 17.3 the Client or the 18.3 The Authority (and not any relevant Authorised Entity concerned User Body) shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Agreement or any other agreement whether the Authority (or relevant Authorised User Body, as applicable) is subject to or whether any Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIREnvironmental Information Regulations. 17.4 18.4 In no event shall a Service the Provider respond directly to a Request for Information unless required to so by Law or expressly authorised to do so by the Client or the Authority (and not any relevant Authorised EntityUser Body). 17.5 Each Service 18.5 The Provider acknowledges that (notwithstanding the Client provisions of Clause 18) the Authority (and the relevant Authorised Entities User Body, as applicable) may, acting in accordance with the relevant codes Secretary of practice State for Constitutional Affairs Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 00000000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information information concerning the Authority, the Provider, an User Body or the Services: 18.5.1 only where required by law in certain circumstances without consulting or obtaining consent from the Service provider; or 18.5.2 following consultation with the Provider or despite and having taken the Service Provider’s their views into account; 18.5.3 provided always that where 18.2 applies the Authority (or relevant Authorised User Body) shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Provider advanced notice. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.

Freedom of Information. 17.1 The Service Providers acknowledge Supplier acknowledges that the Client and the Authorised Entities may be Customer is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned Customer to enable it the Customer to comply with its information Information disclosure obligations. 17.2 Each Service Provider . The Supplier shall and shall procure that its subSub-contractors Contractors shall: 17.2.1 : transfer to the Client or the Authorised Entity Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity Customer with a copy of all Information relating to a Request for Information in its possession, or power control in the form that the Client or the Authorised Entity Customer requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Customer may specify) of the Client’s or the Authorised Entity’s Customer's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Customer to enable the Client or the Authorised Entity Customer to respond to the any Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned Environmental Information Regulations. The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract or any other Contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a Service Provider the Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider Customer. The Supplier acknowledges that (notwithstanding the Client and provisions of Clause 64.5) the Authorised Entities Customer may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Code, be obliged under the FOIA or the Environmental Information Regulations to disclose Information information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or obtaining consent from following consultation with the Service Provider or despite Supplier and having taken the Service Provider’s its views into account. 17.6 Each Service Provider , provided always that where Clause (a) applies the Customer shall, in accordance with any recommendations of the Code, take reasonable steps where appropriate to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier's attention after any such disclosure. The Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and the requirements of Good Industry Practice and shall permit the Client and the Authorised Entities Customer to inspect such records as requested upon request from time to time. The Supplier acknowledges that the description of information as Commercially Sensitive Information is of an indicative nature only and that the Customer may be obliged to disclose it in accordance with Clause 64.7.5.

Freedom of Information. 17.1 19.1 The Service Providers acknowledge Provider acknowledges that the Client and the Authorised Entities may be is subject to the requirements of the FOIA Code of Practice on Government Information, Freedom of Information Act 2000 (‘FOIA’) and the EIR Environmental Information Regulations 2004 (‘EIR’) and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned to enable it the Client to comply with its information disclosure obligations. 17.2 Each 19.2 The Service Provider shall and shall procure that its sub-contractors Specialists shall: 17.2.1 19.2.1 transfer to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 19.2.2 provide the Client or the Authorised Entity with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires within five (5) Working Days (or such other period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s request; and 17.2.3 19.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the 19.3 The Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the EIR. 17.4 19.4 In no event shall a the Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised EntityClient. 17.5 Each 19.5 The Service Provider acknowledges that the Client and the Authorised Entities may, acting in accordance with the relevant codes Department of practice Constitutional Affairs’ Code of Practice on the Discharge discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Act 2000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider Provider, or despite having taken the Service Provider’s views into account. 17.6 Each 19.6 The Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time. 19.7 The Service Provider shall be entitled to recover its reasonable costs from the Client when complying with its obligations under this Clause 19.0 20.0 CO-OPERATION WITH OTHER SERVICE PROVIDERS, CONTRACTORS, SUPPLIERS AND ANY CLIENT DIRECT SERVICES ORGANISATION 20.1 In the execution of the roles and responsibilities in accordance with the Partnering Contract, the Service Provider shall co-operate at all times with all other Service Providers, contractors , suppliers and the Client’s direct services organisations appointed by the Client to undertake works and services in relation to the Client’s other works and service contracts and programmes. 20.2 The Service Provider, where reasonably necessary, is to co-operate to effect timetable and programme changes in the Term Programme required by the provisions of Clause 20.1.

Freedom of Information. 17.1 The Service Providers acknowledge that 9.1 Nothing in this Agreement shall prevent the Client and the Authorised Entities may be subject Council from disclosing any Information whether or not relating to the requirements of Project which the FOIA and the EIR and shall assist and co-operate with the Client or the Authorised Entity concerned Council in its absolute discretion considers it is required to enable it disclose in order to comply with its information the FOIA and/or the Environmental Information Regulations and any other statutory requirements whether or not existing at the date of this Agreement, and the Council reserves the right to make such disclosure obligationswithout reference to the Applicant. 17.2 Each Service Provider 9.2 If the Council shall at any time notify the Applicant that it has received a Request for Information in respect of which the Council requires the Applicant's assistance then: (a) the Applicant shall at its own cost provide and shall procure that its sub-sub- contractors shallprovide all necessary assistance required by the Council in order to allow the Council to comply with the Request for Information within the period or periods when it is obliged to respond to the Request for Information; (b) without limitation to the foregoing the Applicant shall at its own cost within five (5) Working Days of request supply and procure that its sub- contractors supply to the Council such Information and documents requested by the Council in such form as reasonably prescribed by the Council; and (c) the Applicant shall ensure that all Information produced in the course of the Project in relation to the Project and/or this Agreement is retained for disclosure and shall permit the Council to inspect such records as required from time to time. 9.3 In the event that the Applicant or its professional advisors shall at any time receive any Request for Information relating to the Project or this Agreement or any activities or business of the Council then: 17.2.1 transfer (a) the Applicant shall supply the Request for Information to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable and in any event Council within two (2) Working Days of receiving a Request for Informationreceipt; 17.2.2 provide (b) the Client or the Authorised Entity with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires within five (5) Working Days (or such other period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s request; and 17.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned Council shall be responsible for determining in its absolute discretion as to whether any such Information is exempt from disclosure in accordance with obliged to be disclosed; and (c) the provisions of Applicant shall not respond to the FOIA or the EIR. 17.4 In no event shall a Service Provider respond directly to a Request for Information unless expressly authorised to do so by or disclose any such Information without the Client or the relevant Authorised Entity. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, acting in accordance with the relevant codes of practice on the Discharge prior written consent of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, Council (such consent not to be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into accountunreasonably withheld). 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.

Freedom of Information. 17.1 The Service Providers acknowledge Project Co acknowledges that the Client and the Authorised Entities may be Authority is subject to the requirements of the FOIA FOI(S)A and the EIR Environmental Information (Scotland) Regulations and shall assist and co-operate cooperate with the Client or Authority to facilitate the Authorised Entity concerned to enable it to comply Authority's compliance with its information Information disclosure obligations. 17.2 Each Service Provider shall and shall procure that its sub-contractors shall: 17.2.1 transfer requirements pursuant to the Client or same in the Authorised Entity all Requests manner provided for in Clauses 62.2 to 62.8. Where the Authority receives a Request for Information in relation to Information that it receives Project Co is holding on its behalf and which the Authority does not hold itself the Authority shall refer to Project Co such Request for Information as soon as practicable and in any event within two five (25) Working Business Days of receiving a such Request for Information; 17.2.2 Information and Project Co shall: provide the Client or the Authorised Entity Authority with a copy of all such Information in its possession, or power in the form that the Client or the Authorised Entity Authority requires as soon as practicable and in any event within five (5) Working Business Days (or such other period as the Client or the Authorised Entity Authority acting reasonably may specify) of the Client’s or the Authorised Entity’s Authority's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Authority in connection with any such Information, to enable the Client or the Authorised Entity Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA FOI(S)A or regulation Regulation 5 of the EIR. 17.3 Environmental Information (Scotland) Regulations. Following notification under Clause 62.2, and up until such time as Project Co has provided the Client Authority with all the Information specified in Clause 62.2.1, Project Co may make representations to the Authority as to whether or not or on what basis Information requested should be disclosed, and whether further information should reasonably be provided in order to identify and locate the Authorised Entity concerned information requested, provided always that the Authority shall be responsible for determining in at its absolute discretion discretion: whether any Information is exempt from disclosure under the FOI(S)A and the Environmental Information (Scotland) Regulations; whether Information is to be disclosed in accordance with the provisions of the FOIA or the EIR. 17.4 In response to a Request for Information, and in no event shall a Service Provider Project Co respond directly directly, or allow its Sub-Contractors to respond directly, to a Request for Information unless expressly authorised to do so by the Client or Authority. Project Co shall ensure that all Information held on behalf of the relevant Authorised Entity. 17.5 Each Service Provider Authority is retained for disclosure for at least the number of years (from the date it is acquired) [specified in the Authority Policy relating to records retention] and shall permit the Authority to inspect such Information as requested from time to time. Project Co shall transfer to the Authority any Request for Information received by Project Co as soon as practicable and in any event within two (2) Business Days of receiving it. Project Co acknowledges that any lists provided by it listing or outlining Confidential Information are of indicative value only and that the Client Authority may nevertheless be obliged to disclose Confidential Information in accordance with the requirements of FOI(S)A and the Authorised Entities Environmental (Scotland) Regulations. In the event of a request from the Authority pursuant to Clause 62.2 Project Co shall as soon as practicable, and in any event within five (5) Business Days of receipt of such request, inform the Authority of Project Co's estimated costs of complying with the request to the extent these would be recoverable, if incurred by the Authority, under section 13(1) of the FOI(S)A and the Fees Regulations. Where such costs (either on their own or in conjunction with the Authority's own such costs in respect of such Request for Information) will exceed the appropriate limit referred to in section 12(1) of the FOI(S)A and as set out in the Fees Regulations (the "Appropriate Limit") the Authority shall inform Project Co in writing whether or not it still requires Project Co to comply with the request and where it does require Project Co to comply with the request the ten (10) Business Days period for compliance shall be extended by such number of additional days for compliance as the Authority is entitled to under section 10 of the FOI(S)A. In such case, the Authority shall notify Project Co of such additional days as soon as practicable after becoming aware of them and shall reimburse Project Co for such costs as Project Co incurs in complying with the request to the extent it is itself entitled to reimbursement of such costs in accordance with its own FOI(S)A policy from time to time. Project Co acknowledges that (notwithstanding the provisions of Clause 61 (Confidentiality)) the Authority may, acting in accordance with the relevant codes Scottish Ministers Code of practice Practice on the Discharge of the Functions of Public Authorities under Part 1 6 of the Freedom of Information Xxx 0000(Scotland) Act 2002 (the "Code"), and/or having full regard to any guidance or briefings issued by the Scottish Information Commissioner or the Scottish Ministers, be obliged under the FOI(S)A, or the Environmental Information (Scotland) Regulations to disclose Information concerning Project Co or the Project: in certain circumstances without consulting with Project Co; or obtaining consent from the Service Provider or despite following consultation with Project Co and having taken the Service Provider’s their views into account. 17.6 Each Service Provider , provided always that where Clause 62.8.1 above applies the Authority shall, in accordance with the recommendations of the Code, draw this to the attention of Project Co prior to any disclosure. In the event that the Project Co is or becomes subject to Environmental Information (Scotland) Regulations or FOI(S)A it shall ensure that all comply with its obligations under Environmental Information is retained for disclosure (Scotland) Regulations and shall permit FOI(S)A. In doing so, it will use reasonable endeavours to consult the Client Authority before disclosing Information about them or any agreement entered into between the Authority and the Authorised Entities to inspect such records as requested from time to time.Project Co.

Freedom of Information. 17.1 The Service Providers Generator and the Licensed Supplier each acknowledge that the Client and the Authorised Entities may be Authority is subject to the requirements of the FOIA and the EIR and shall assist and co-operate with the Client or the Authorised Entity concerned Authority to enable it the Authority to comply with its information Information disclosure obligations. 17.2 Each Service Provider shall . The Generator and shall procure that its sub-contractors the Licensed Supplier shall: 17.2.1 : transfer to the Client or the Authorised Entity Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working 2 Business Days of receiving a Request for Information; 17.2.2 ; provide the Client or Authority, in the Authorised Entity form that the Authority requests, with a copy of all Information relevant to a Request for Information that is in its possessioncontrol, possession or power in the form that the Client or the Authorised Entity requires within five (5) Working 5 Business Days (or such other period as the Client or the Authorised Entity Authority may specify) of the Client’s or the Authorised Entity’s Authority's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Authority to enable the Client or the Authorised Entity Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned . The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Agreement whether any Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 . In no event shall a Service Provider either the Generator or the Licensed Supplier respond directly to a Request for Information unless expressly authorised to do so by the Client or Authority. The Generator and the relevant Authorised Entity. 17.5 Each Service Provider acknowledges Licensed Supplier acknowledge that the Client and the Authorised Entities Authority may, acting in accordance with the relevant codes Ministry of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Justice Code, be obliged under the FOIA or the EIR to disclose Information concerning the Generator and/or the Licensed Supplier or this Agreement: in certain circumstances without consulting the Generator and/or the Licensed Supplier; or obtaining consent from following consultation with the Service Provider or despite Generator and the Licensed Supplier and having taken the Service ProviderGenerator’s and the Licensed Supplier’s views into account. 17.6 Each Service Provider , provided always that where Clause 9.5(a) applies the Authority shall, in accordance with any recommendations of the Ministry of Justice Code, take reasonable steps, where appropriate, to give the Generator advance notice, or failing that, to draw the disclosure to the Generator's attention after any such disclosure. The Generator shall ensure that all Information is retained for disclosure in accordance with Clause 16 and shall permit the Client and the Authorised Entities Authority to inspect such records as requested from time to time.

Freedom of Information. 17.1 The Service Providers acknowledge Supplier acknowledges that the Client and the Authorised Entities may be Customer is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned Customer to enable it the Customer to comply with its information Information disclosure obligations. 17.2 Each Service Provider . The Supplier shall and shall procure that its sub-contractors Sub‑Contractors shall: 17.2.1 : transfer to the Client or the Authorised Entity Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity Customer with a copy of all Information in its possession, or power control in the form that the Client or the Authorised Entity Customer requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Customer may specify) of the Client’s or the Authorised Entity’s Customer's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Customer to enable the Client or the Authorised Entity Customer to respond to the Request for Information within the time for compliance set out in section Section 10 of the FOIA or regulation 5 five (5) of the EIR. 17.3 the Client or the Authorised Entity concerned Environmental Information Regulations. The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in these Rental Terms or any other contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a Service Provider the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider Customer. The Supplier acknowledges that (notwithstanding the Client and provisions of Clause 8.4 above) the Authorised Entities Customer may, acting in accordance with the relevant codes Ministry of practice Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Act 2000 ("the Code"), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information information concerning the Supplier or the Generators and/or Services: in certain circumstances without consulting the Supplier; or obtaining consent from following consultation with the Service Provider or despite Supplier and having taken the Service Provider’s their views into account. 17.6 Each Service Provider , provided always that where this Clause 8.6.5 applies the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier's attention after any such disclosure. The Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the Rental Agreement and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client and the Authorised Entities Customer to inspect such records as requested from time to time. The Supplier acknowledges that the Commercially Sensitive Information is of indicative value only and that the Customer may be obliged to disclose it in accordance with Clause 8.6.5 above.

Freedom of Information. 17.1 The Service Providers acknowledge Provider acknowledges that the Client and the Authorised Entities may be Customer is subject to the requirements of the Code of Practice on Government Information, FOIA and the EIR Environmental Information Regulations and shall assist and co-operate with the Client or the Authorised Entity concerned Customer to enable it the Customer to comply with its information Information disclosure obligations. 17.2 Each . The Service Provider shall and shall procure that its sub-contractors shall: 17.2.1 shall:- transfer to the Client or the Authorised Entity Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity Customer with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires Customer requests within five (5) Working Days (or such other period as the Client or the Authorised Entity Customer may specify) of the Client’s or the Authorised Entity’s Customer's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Customer to enable the Client or the Authorised Entity Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned Environmental Information Regulations. The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a the Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Customer. The Service Provider acknowledges that (notwithstanding the Client and provisions of Clause 16.1.15) the Authorised Entities Customer may, acting in accordance with the relevant codes Ministry of practice Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 00000000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information without consulting or obtaining consent from information concerning the Service Provider or despite having taken the Services:- in certain circumstances without consulting the Service Provider’s ; or following consultation with the Service Provider and having taken their views into account. 17.6 Each , provided always that where 7.50 applies, the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Service Provider advanced notice, or failing that, to draw the disclosure to the Service Provider's attention after any such disclosure. The Service Provider shall ensure that all Information is retained for disclosure in accordance with Clause 17.1.15 and shall permit the Client and the Authorised Entities Customer to inspect such records as requested from time to time. The Service Provider acknowledges that the Commercially Sensitive Information listed in the Order Form is of indicative value only and that the Customer may be obliged to disclose it in accordance with Clause 16.1.39.

Freedom of Information. 17.1 The Service Providers acknowledge Supplier acknowledges that the Client and the Authorised Entities may be is subject to the requirements of the Code of Practice on Government Information, FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned to enable it the Client to comply with its information Information disclosure obligations. 17.2 Each Service Provider shall . The Supplier shall, and shall procure that its subSub-contractors shall: 17.2.1 : transfer to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires within five (5) Working Days (or such other period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s 's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Environmental Information Regulations. The Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any Information other information is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a Service Provider the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Client. The Supplier acknowledges that (notwithstanding the provisions of Clause 42 – Transparency, the Client may, be obliged under the FOIA, or the relevant Authorised Entity. 17.5 Each Service Provider acknowledges Environmental Information Regulations to disclose information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or following consultation with the Supplier and having taken their views into account; provided always that where [reference] applies the Client and the Authorised Entities mayshall, acting in accordance with the relevant codes of practice on the Discharge any recommendations of the Functions of Public Authorities under Part 1 of Code, take reasonable steps, where appropriate, to give the Freedom of Information Xxx 0000Supplier advanced notice, be obliged or failing that, to disclose Information without consulting or obtaining consent from draw the Service Provider or despite having taken disclosure to the Service ProviderSupplier’s views into account. 17.6 Each Service Provider attention after any such disclosure. The Supplier shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.. The Supplier acknowledges that the Commercially Sensitive Information listed in Schedule 9 (if any) is of indicative value only and that the Client may be obliged to disclose it in accordance with clause 32. FORCE MAJEURE

Freedom of Information. 17.1 22.1 The Service Providers acknowledge Provider recognises that each Customer is subject to legal duties which may require the release of information under FOIA or any Other Information Law and that each Customer may be under an obligation to provide information on request. Such information may include matters relating to, arising out of or under, any Service Agreement and, in the case of the Council, this Supplier Agreement in any way. 22.2 Notwithstanding anything in any Services Agreement and/or, in the case of the Council, in this Supplier Agreement to the contrary, in the event that any Customer receives a request for information under the FOIA or any Other Information Law, that Customer shall be entitled to disclose all information and documentation (in whatever form) as is necessary to respond to that request in accordance with the FOIA or Other Information Law, save that in relation to any such information that the Client and Customer believes is Exempt Information, the Authorised Entities may be subject Customer shall use reasonable endeavours to consult the requirements of the FOIA and the EIR and shall assist and co-operate with the Client or the Authorised Entity concerned to enable it to comply with its information disclosure obligations. 17.2 Each Service Provider shall and shall procure that its sub-contractors shall: 17.2.1 transfer to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable after receipt of such a request and shall not: (a) confirm or deny that the information in question is held by the Customer; or (b) disclose the information requested, to the extent that in the Customer's opinion (having taken into account the views of the Service Provider) that exemption is or may be applicable in accordance with the relevant section of FOIA in the circumstances to all or any of the information requested. 22.3 Where any Customer consults with the Service Provider in accordance with Clause 22.2 above, the Service Provider shall make its written representations as to whether it believes the information falls within an exemption under the FOIA to the Customer within 14 days of receiving the Customer's request for consultation. 22.4 The Service Provider shall indemnify each Customer for any costs that the relevant Customer incurs, including but not limited to external legal costs, in seeking to maintain the withholding of information arising out of or under any Services Agreement and, in the case of the Council, the Supplier Agreement in any way that the Service Provider wishes it to withhold, including but not limited to responding to information notices or lodging appeals against a decision of the Information Commissioner in relation to disclosure. 22.5 In any event each Customer shall have no liability for any loss, damage, harm or other detriment however caused arising from the disclosure of any Exempt Information or other information relating to any Services Agreement and, in the case of the Council, this Supplier Agreement under FOIA or Other Information Law. 22.6 The Service Provider will at all times assist each Customer to enable that Customer to comply fully with its obligation governing access to information under FOIA or Other Information Law or related guidelines or codes of practice. In particular it acknowledges that each Customer is entitled to any and all information relating to or arising in the course of the performance of any Services Agreement and/or, in the case of the Council, this Supplier Agreement. In the event that any Customer receives a request for information under the FOIA or Other Information Law, and requires the Service Provider's assistance in obtaining all or any such information, the Service Provider will respond to any such request for assistance at its own cost and promptly and in any event within two (2) Working Days 10 days of receiving a Request for Information; 17.2.2 provide the Client or the Authorised Entity with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires within five (5) Working Days Customer's request (or such other reasonable time period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s request; and 17.2.3 provide all necessary assistance as is reasonably requested specified by the Client or Customer when making the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance request). 22.7 Other than as set out in section 10 of above each Customer shall have no obligation to consult the Service Provider where any request for information, whether under the FOIA or regulation 5 otherwise, touches or concerns any Services Agreement and/or, in the case of the EIRCouncil, this Supplier Agreement. 17.3 the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 22.8 In no event shall a the Service Provider respond directly to a Request request for Information information unless expressly authorised to do so by the Client or the relevant Authorised EntityCustomer. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into account. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.

Freedom of Information. 17.1 30.1 The Service Providers acknowledge Contractor acknowledges that the Client and the Authorised Entities may be Grantor is subject to the requirements of the FOIA and FOIA, the EIR and shall the RPSIR and will assist and co-operate cooperate with the Client or the Authorised Entity concerned Grantor to enable it the Grantor to comply with its Information disclosure and re-use of information disclosure obligations. 17.2 Each Service Provider shall 30.2 The Contractor will and shall procure will ensure that its subany Sub-contractors shall: 17.2.1 Contractors will transfer to the Client or the Authorised Entity Grantor all Requests for Information and Requests for Re-use that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information;Information and: 17.2.2 30.2.1 where applicable, provide the Client or the Authorised Entity Grantor with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity Grantor requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Grantor may specify) of the Client’s or the Authorised Entity’s Grantor‟s request; and 17.2.3 30.2.2 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Grantor to enable the Client or the Authorised Entity Grantor to respond to the any Request for Information (including any received direct by the Grantor) within the time for compliance set out in section Section 10 of the FOIA or regulation FOIA; Regulation 5 of the EIREIR or Section 8 of the RPSIR. 17.3 the Client or the Authorised Entity concerned shall 30.3 The Grantor will be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure or re-use in accordance with the provisions of the FOIA FOIA, the EIR or the EIRRPSIR. 17.4 30.4 In no event shall a Service Provider will the Contractor respond directly to a Request for Information or Request for Re-use unless expressly authorised to do so by the Client or the relevant Authorised EntityGrantor. 17.5 Each Service Provider 30.5 The Contractor acknowledges and agrees that (notwithstanding the Client and provisions of clause 29 (Confidential Information)) the Authorised Entities may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities Grantor may be obliged under Part 1 of the Freedom of Information Xxx 0000, be obliged 0000 or the Environmental Information Regulations 2004 to disclose Information without consulting information concerning the Contractor or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into accountServices. 17.6 Each Service Provider shall 30.6 The Contractor will ensure that all Information relating to this Contract or its performance is retained for disclosure and shall will permit the Client and the Authorised Entities Grantor to inspect such records as requested from time to time. 30.7 The Contractor acknowledges and agrees that the Commercially Sensitive Information in Schedule 16 (Commercially Sensitive Information) is of an indicative nature only and that the Grantor may be obliged to disclose it in accordance with this clause 30 (Freedom of Information).

Freedom of Information. 17.1 The Service Providers acknowledge Provider acknowledges that the Client and the Authorised Entities may be Customer is subject to the requirements of the Code of Practice on Government Information, FOIA and the EIR Environmental Information Regulations and shall assist and co-operate with the Client or the Authorised Entity concerned Customer to enable it the Customer to comply with its information Information disclosure obligations. 17.2 Each Service . The Provider shall and shall procure that its sub-contractors shall: 17.2.1 shall:- transfer to the Client or the Authorised Entity Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity Customer with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires Customer requests within five (5) Working Days (or such other period as the Client or the Authorised Entity Customer may specify) of the Client’s or the Authorised Entity’s Customer's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Customer to enable the Client or the Authorised Entity Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned Environmental Information Regulations. The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a Service the Provider respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Customer. The Provider acknowledges that (notwithstanding the Client and provisions of Clause 10) the Authorised Entities Customer may, acting in accordance with the relevant codes Ministry of practice Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information without consulting or obtaining consent from information concerning the Service Provider or despite the Services:- in certain circumstances without consulting the Provider; or following consultation with the Provider and having taken the Service Provider’s their views into account. 17.6 Each Service , provided always that where 22.5 applies, the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Provider advanced notice, or failing that, to draw the disclosure to the Provider's attention after any such disclosure. The Provider shall ensure that all Information is retained for disclosure in accordance with Clause 10.8 and shall permit the Client and the Authorised Entities Customer to inspect such records as requested from time to time. The Provider acknowledges that the Commercially Sensitive Information listed in the Order Form is of indicative value only and that the Customer may be obliged to disclose it in accordance with Clause 10.4.5.

Freedom of Information. 17.1 The Service Providers acknowledge Supplier acknowledges that the Client and the Authorised Entities may be Customer is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned Customer to enable it the Customer to comply with its information Information disclosure obligations. 17.2 Each Service Provider . The Supplier shall and shall procure that its subSub-contractors shall: 17.2.1 : transfer to the Client or the Authorised Entity Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity Customer with a copy of all Information in its possession, or power control in the form that the Client or the Authorised Entity Customer requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Customer may specify) of the Client’s or the Authorised Entity’s Customer's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Customer to enable the Client or the Authorised Entity Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned Environmental Information Regulations. The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other Contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a Service Provider the Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider Customer. The Supplier acknowledges that (notwithstanding the Client and provisions of clause 14.6) the Authorised Entities Customer may, acting in accordance with the relevant codes Department of practice Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Act 2000 ("the Code"), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or obtaining consent from following consultation with the Service Provider or despite Supplier and having taken the Service Provider’s their views into account. 17.6 Each Service Provider , provided always that where clause 14.6.5 applies the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier's attention after any such disclosure. The Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of this Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client and the Authorised Entities Customer to inspect such records as requested from time to time. The Supplier acknowledges that the Commercially Sensitive Information is of indicative value only and that the Customer may be obliged to disclose it in accordance with clause 14.7.

Freedom of Information. 17.1 The Service Providers acknowledge Supplier acknowledges that the Client and the Authorised Entities may be Customer is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned Customer to enable it the Customer to comply with its information Information disclosure obligations. 17.2 Each Service Provider . The Supplier shall and shall procure that its subSub-contractors Contractors shall: 17.2.1 : transfer to the Client or the Authorised Entity Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity Customer with a copy of all Information relevant to a Request for Information in its possession, or power control in the form that the Client or the Authorised Entity Customer requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Customer may specify) of the Client’s or the Authorised Entity’s Customer's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Customer to enable the Client or the Authorised Entity Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 Environmental Information Regulations. The Customer shall sole and absolute right to determine and notwithstanding any other provision in this Contract or any other Contract whether the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether Commercially Sensitive Information and/or any other Information (including Supplier’s Confidential Information) is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a Service Provider the Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider Customer. The Supplier acknowledges that (notwithstanding the Client and provisions of Clause 21.6) the Authorised Entities Customer may, acting in accordance with the relevant codes Department of practice Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Act 2000 ("the Code"), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or obtaining consent from following consultation with the Service Provider or despite Supplier and having taken the Service Provider’s their views into account. 17.6 Each Service Provider , provided always that where this Clause 21.8.5 applies the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier's attention after any such disclosure. The Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of this Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client and the Authorised Entities Customer to inspect such records as requested from time to time. The Supplier acknowledges that the description of information as Commercially Sensitive Information is of indicative value only and that the Customer may be obliged to disclose it in accordance with Clause 21.8.5 above.

Freedom of Information. 17.1 4.1 The Service Providers acknowledge Contractor acknowledges that the Client and the Authorised Entities may be Force is subject to the requirements of the Code of Practice on Government Information, the FOIA and the EIR and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned Force to enable it the Force to comply with its information Information disclosure obligations. 17.2 Each Service Provider 4.2 The Contractor shall and shall procure that its sub-contractors shall: 17.2.1 4.2.1 transfer to the Client or the Authorised Entity Force all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Business Days of receiving a Request for Information; 17.2.2 4.2.2 provide the Client or the Authorised Entity Force with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity Force (acting reasonably) requires within five (5) Working Business Days (or such other period as the Client or the Authorised Entity Force may specify) of the Client’s or the Authorised Entity’s Force's request; and; 17.2.3 4.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Force to enable the Client or the Authorised Entity Force to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR.; and 17.3 the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 In no event shall a Service Provider 4.2.4 not respond directly to a Request for Information unless expressly authorised to do so by the Client Force. 4.3 Notwithstanding any other provision in the Contract or any other agreement between the Parties, the Contractor acknowledges and agrees that the Force is responsible for determining in its absolute discretion whether any Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, the FOIA or the relevant Authorised EntityEIR. 17.5 Each Service Provider 4.4 The Contractor acknowledges that (notwithstanding the Client and provisions of paragraph 3) the Authorised Entities Force may, acting in accordance with the relevant codes Department of practice Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 00000000 (“Code”), be obliged under the FOIA or the EIR to disclose Information information concerning the Contractor or the Services: 4.4.1 in certain circumstances without consulting or obtaining consent from the Service Provider or despite Contractor; or 4.4.2 following consultation with the Contractor and having taken the Service ProviderContractor’s views into account; 4.1 applies the Force shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate and without putting itself in breach of any applicable Law, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure. 17.6 Each Service Provider 4.5 The Contractor shall ensure that all Information is retained for disclosure as required by Law and shall permit the Client and the Authorised Entities Force to inspect such records as requested from time to time. 4.6 This paragraph 4 shall survive termination or expiry of the Contract and shall continue in full force and effect.

Freedom of Information. 17.1 19.1 The Service Providers acknowledge Contractor acknowledges that the Client and the Authorised Entities may be Customer is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned Customer to enable it the Customer to comply with its information Information disclosure obligations. 17.2 Each Service Provider 19.2 The Contractor shall and shall procure that its subSub-contractors Contractors shall: 17.2.1 19.2.1 transfer to the Client or the Authorised Entity Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 19.2.2 provide the Client or the Authorised Entity Customer with a copy of all Information in its possession, possession or power in the form that the Client or the Authorised Entity Customer requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Customer may specify) of the Client’s or the Authorised EntityCustomer’s request; and 17.2.3 19.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Customer to enable the Client or the Authorised Entity Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIREnvironmental Information Regulations. 17.3 the Client or the Authorised Entity concerned 19.3 The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIREnvironmental Information Regulations. 17.4 19.4 In no event shall a Service Provider the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised EntityCustomer. 17.5 Each Service Provider 19.5 The Contractor acknowledges that (notwithstanding the Client and provisions of this Clause 19) the Authorised Entities Customer may, acting in accordance with the relevant codes Department of practice Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Act 2000 (the Code), be obliged under the FOIA or the Environmental Information Regulations to disclose Information information concerning the Contractor or the Ordered IT Products: 19.5.1 in certain circumstances without consulting or obtaining consent from the Service Provider or despite Contractor; or 19.5.2 following consultation with the Contractor and having taken the Service Provider’s their views into accountaccount provided always that where Clause 19.5.1 applies the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure. 17.6 Each Service Provider 19.6 The Contractor shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities Customer to inspect such records as requested from time to time. 19.7 The Contractor acknowledges that the Commercially Sensitive Information listed in Schedule 9 is of indicative value only and that the Customer may be obliged to disclose it in accordance with Clause 19.5.

Freedom of Information. 17.1 (a) The Service Providers parties acknowledge that the Client and the Authorised Entities may be Authority is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and both parties shall assist facilitate the Authority's compliance with its Information disclosure requirements pursuant to the same in the manner provided for in Clause (b) to (g) (inclusive) below. (b) Where the Contractor receives a Request for Information from the Authority in relation to Information that the Subcontractor is holding on the Contractor’s behalf, and co-operate with which the Client Contractor or the Authorised Entity concerned to enable it to comply with its information disclosure obligations. 17.2 Each Service Provider Authority does not hold itself, the Contractor shall and shall procure that its sub-contractors shall: 17.2.1 transfer refer the Request for Information to the Client or the Authorised Entity all Requests for Information that it receives Subcontractor as soon as practicable and in any event within two 5 Business Days after receiving it and the Subcontractor shall: (2i) Working Days of receiving a Request for Information; 17.2.2 provide the Client or the Authorised Entity Contractor with a copy of all the Information in its possession, or power in the form that the Client or the Authorised Entity Authority requires as soon as practicable and in any event within five (5) Working 10 Business Days (or such any other period as the Client or the Authorised Entity Contractor acting reasonably may specify) of after the Client’s or the Authorised Entity’s Authority's request; and 17.2.3 (ii) provide all necessary assistance as is reasonably requested by the Client or Contractor in connection with the Authorised Entity Information, to enable the Client or the Authorised Entity Authority to respond to the a Request for Information within the time for compliance set out in section Section 10 of the FOIA or regulation Regulation 5 of the EIREnvironmental Information Regulations. 17.3 (c) Following a referral under Clause 18.5(b), and until the Client time the Subcontractor has provided the Contractor with the Information specified in Clause 18.5(b)(i), the Subcontractor may make representations to the Contractor as to whether or not or on what basis Information requested should be disclosed, and whether further information should reasonably be provided to identify and locate the Authorised Entity concerned Information requested, provided always that the Contractor shall be responsible for determining in at its absolute discretion discretion: (i) whether any Information is exempt from disclosure in accordance with the provisions of under the FOIA or and the EIR.Environmental Information Regulations; and 17.4 In (ii) whether Information is to be disclosed in response to a Request for Information, and in no event shall a Service Provider the Subcontractor respond directly directly, or allow its subcontractors to respond directly, to a Request for Information unless expressly authorised to do so by the Client Contractor in writing. (d) The Subcontractor shall ensure that all Information held on behalf of the Contractor is retained for disclosure for at least six years (from the date it is acquired) and shall permit the Contractor to inspect the Information as requested from time to time. (e) The Subcontractor shall transfer to the Contractor any Request for Information received by the Subcontractor as soon as practicable and in any event within 2 Business Days after receiving it. (f) The Subcontractor acknowledges that any lists provided by him listing or outlining Confidential Information, are of indicative value only and that the Authority may nevertheless be obliged to disclose Confidential Information in accordance with the requirements of the FOIA and the Environmental Information Regulations. (g) In the event of a referral from the Contractor pursuant to Clause 18.5(b), the Subcontractor shall as soon as practicable, and in any event within 5 Business Days after the referral, inform the Contractor of the Subcontractor's estimated costs of complying with the Request for Information to the extent these would be recoverable if incurred by the Authority under Section 12(1) of the FOIA and the Fees Regulations. Where the costs (either on their own or in conjunction with the Contractor or the relevant Authorised EntityAuthority's own costs in respect of the Request for Information) will exceed the appropriate limit referred to in Section 12(1) of the FOIA and as set out in the Fees Regulations the Contractor shall inform the Subcontractor in writing whether or not it still requires the Subcontractor to comply with the Request for Information and, where it does require the Subcontractor to comply with the Request for Information, the 10 Business Days period for compliance shall be extended by the number of additional Business Days for compliance as the Authority is entitled to under Section 10 of the FOIA. In that case, the Contractor shall notify the Subcontractor of the additional Business Days as soon as practicable after becoming aware of them and shall reimburse the Subcontractor for the costs incurred by the Subcontractor in complying with the Request for Information to the extent it is itself entitled to reimbursement of those costs in accordance with its own FOIA policy from time to time. 17.5 Each Service Provider acknowledges (h) The parties acknowledge that (notwithstanding the Client and provisions of Clause 20.3) the Authorised Entities Authority may, acting in accordance with the relevant codes Department of practice Constitutional Affairs' Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 I of the Freedom of Information Xxx 0000Act 2000 (the Code), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information concerning the Contractor, the Subcontractor or the Services: (i) in certain circumstances without consulting or obtaining consent from with the Service Provider or despite Contractor and/or the Subcontractor; or (ii) following consultation with the Contractor and/or the Subcontractor and having taken the Service Provider’s their views into account. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.

Freedom of Information. 17.1 10.1 The Service Providers acknowledge Provider acknowledges that the Client and the Authorised Entities may be Purchaser is subject to the requirements Freedom of Information Act (FOIA) and the Environmental Information Regulations (“EIR”) and shall assist and cooperate with the Purchaser to enable the Purchaser to comply with its Information disclosure obligations. The Service Provider notes and acknowledges the FOIA and the EIR respective Codes of Practice on the Discharge of Public Authorities’ Functions and shall assist on Management of Records (which are issued under sections 45 and co-operate 46 of the FOIA respectively). The Service Provider will act in accordance with the Client FOIA and these Codes of Practice (and any other applicable codes of practice or guidance notified to the Authorised Entity concerned Service Provider from time to enable it time) and the EIR to comply with its information disclosure obligationsthe extent that they apply to the Service Provider’s performance under the Contract. 17.2 Each 10.2 The Service Provider shall and shall procure that its sub-contractors shallagrees that: 17.2.1 10.2.1 the decision on whether any exemption applies to a request for disclosure of information is a decision solely for the Purchaser; 10.2.2 it shall transfer to the Client or the Authorised Entity Purchaser all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days days of receiving a Request for Information; 17.2.2 10.2.3 it shall provide the Client or the Authorised Entity Purchaser with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity Purchaser requires within five (5) Working Days days (or such other period as the Client or the Authorised Entity Purchaser may specify) of the Client’s or the Authorised EntityPurchaser’s request; and 17.2.3 10.2.4 it shall provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Purchaser to enable the Client or the Authorised Entity Purchaser to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 In no event shall a Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged to disclose Information without consulting or obtaining consent from 10.3 The Purchaser will consult the Service Provider or despite having taken in relation to any request for disclosure of the Service Provider’s views into accountConfidential Information in accordance with all applicable guidance provided that the final decision as to whether such information must be disclosed will lie with the Purchaser. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.

Freedom of Information. 17.1 The Service Providers acknowledge Contractor acknowledges that the Client and the Authorised Entities may be Authority is subject to the requirements of the FOIA and the EIR FOIL and shall assist and co-operate cooperate with the Client or Authority (at the Authorised Entity concerned Contractor’s expense) to enable it the Authority to comply with its information disclosure obligations. 17.2 Each Service Provider requirements (if necessary). The Contractor shall and shall procure that its sub-contractors shall: 17.2.1 : transfer the Request for Information to the Client or the Authorised Entity all Requests for Information that it receives Authority as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity Authority with a copy of all Information in its possession, possession or power in the form that the Client or the Authorised Entity Authority requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Authority may specify) of the Client’s or the Authorised Entity’s requestAuthority requesting that Information; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Authority to enable the Client or the Authorised Entity Authority to respond to the a Request for Information within the time for compliance set out in section 10 Article 13 of the FOIA FOIL or regulation 5 of any subordinate legilslation made under the EIR. 17.3 the Client or the Authorised Entity concerned Law. The Authority shall be responsible for determining in at its absolute discretion whether the Commercially Sensitive Information and/or any Information other Information: is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 In FOIL; is to be disclosed in response to a Request for Information; and in no event shall a Service Provider the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider Authority. The Contractor acknowledges that the Client and the Authorised Entities Authority may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, FOIL be obliged under FOIL to disclose Information Information: without consulting with the Contractor, or obtaining consent from following consultation with the Service Provider or despite Contractor and having taken the Service Provider’s its views into account. 17.6 Each Service Provider . The Consultant shall ensure that all Information produced in the course of the Contract or relating to the Contract is retained for disclosure for the term of this Agreement or as otherwise agreed and shall permit the Client and the Authorised Entities Authority to inspect such records (including but not limited to audit records of disposed information) as requested from time to time. The Contractor acknowledges that any lists or Schedules provided by it outlining Confidential Information are of indicative value only and that the Authority may nevertheless be obliged to disclose Confidential Information in accordance with clause 35.4.

Freedom of Information. 17.1 21.1 The Service Providers acknowledge Supplier acknowledges that the Client and the Authorised Entities may be Customer is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned Customer, to enable it the Customer to comply with its information Information disclosure obligations. 17.2 Each Service Provider 21.2 The Supplier shall (and shall procure that its sub-contractors shall: 17.2.1 transfer ) provide all necessary assistance as reasonably requested by the Customer to enable the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving Customer to respond to a Request for Information; 17.2.2 provide Information within the Client time for compliance set out in Section 10 of the FOIA or regulation 5 of the Authorised Entity Environmental Information Regulations, to include providing the Customer with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity Customer requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Customer may specify) of the Client’s or the Authorised EntityCustomer’s request; and 17.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned 21.3 The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Agreement or any other agreement whether Information deemed commercially sensitive and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIREnvironmental Information Regulations. 17.4 21.4 In no event shall a Service Provider the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised EntityCustomer. 17.5 Each Service Provider 21.5 The Supplier acknowledges that the Client and the Authorised Entities Customer may, acting in accordance with the relevant codes Department of practice Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 00000000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the services provided by the Supplier under this Agreement unless an exemption applies. The Customer may at its discretion consult the Supplier with regard to whether the FOIA applies to the Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into accountwhether an exemption applies. 17.6 Each Service Provider 21.6 The Supplier shall ensure that all Information produced in the course of this Agreement or relating to this Agreement is retained for disclosure in a manner agreed by the Parties and shall permit the Client and the Authorised Entities Customer to inspect such records as requested from time to time. 21.7 The Supplier acknowledges that any Information it deems commercially sensitive is of indicative value only and that the Customer may be obliged to disclose it in accordance with Clause 21.5.

Freedom of Information. 17.1 The Service Providers 37.1 You acknowledge that the Client we are obliged to act openly and the Authorised Entities may be transparently and are subject to the requirements of the FOIA and the EIR and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned us to enable it us to comply with its these information disclosure obligationsrequirements. 17.2 Each Service Provider 37.2 You further acknowledge and agree that we are responsible for determining at our absolute discretion whether any information in our possession or under our control is either exempt from disclosure or is to be disclosed. If the information that we propose to disclose relates to you and, in our view, could be subject to any of the FOIA exemptions referred to in Clauses 37.4.1 to 37.4.5, we will give you five working days’ written notice prior to disclosure to enable you to make representations under clause 37.4. 37.3 You shall and shall procure that its your sub-contractors (if any) shall: 17.2.1 37.3.1 transfer any request for information to the Client or the Authorised Entity all Requests for Information that it receives us as soon as practicable after receipt and in any event within two (2) Working Days four working days of receiving a Request for Informationit; 17.2.2 37.3.2 provide the Client or the Authorised Entity us with a copy of all Information information in its possession, your possession or power in the form that the Client or the Authorised Entity requires we require within five (5) Working Days working days (or such other period as the Client or the Authorised Entity we may reasonably specify) of the Client’s or the Authorised Entity’s requestus requesting it; and 17.2.3 37.3.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity us to enable the Client or the Authorised Entity us to respond to the Request a request for Information information within the time for compliance set out in section 10 the FOIA. 37.4 If you object to the disclosure of any information held by us then, having been given notice under Clause 37.2 you must, within three working days, write to us identifying the information that you do not wish us to disclose, setting out your full and detailed reasons for objecting to the disclosure. You should specifically refer to the relevant FOIA exemption(s), which may be one or more of the FOIA or regulation 5 following: 37.4.1 that the information is information in respect of which a claim to legal professional privilege could be maintained in legal proceedings under section 42(1) of the EIRFOIA; 37.4.2 that the information constitutes a trade secret and is eligible for exemption under section 43(1) of the FOIA; 37.4.3 that the disclosure of the information would prejudice the commercial interest of any person under section 43(2) of the FOIA; 37.4.4 that the information will be disclosed by the Panel Member to the LSC and that the nature of the information, or the circumstances in which it is imparted or the circumstances are otherwise such, as to justify the acceptance by the LSC of an obligation of confidence in respect of it under section 41(1) of the FOIA; 37.4.5 that the information is personal data or otherwise relates to the private life of an individual which is appropriate for protection under section 40 of the FOIA; Formatted: Font: 10 pt Formatted: Left 37.4.6 any other specific exemption under the FOIA. 17.3 the Client or the Authorised Entity concerned 37.5 We shall be responsible for determining in its at our absolute discretion whether any Information commercially sensitive information and/or any other information: 37.5.1 is exempt from disclosure in accordance with the provisions of the FOIA or the EIR.FOIA; 17.4 In 37.5.2 is to be disclosed in response to a request for information, and 37.5.3 in no event shall a Service Provider you respond directly to a Request request for Information information unless we expressly authorised authorise you to do so by the Client or the relevant Authorised Entityso. 17.5 Each Service Provider acknowledges 37.6 You acknowledge that the Client and the Authorised Entities we may, acting in accordance with the relevant codes Secretary of practice State’s Code of Practice on the Discharge of the Functions of Public Authorities under section 45, Part 1 I of the Freedom of Information Xxx 0000FOIA, be obliged under the Code or the FOIA to disclose Information information: 37.6.1 without consulting you, or obtaining consent from the Service Provider or despite 37.6.2 following consultation with you and having taken the Service Provider’s your views into account. 17.6 Each Service Provider 37.7 If we determine that information must be disclosed we shall notify you of that decision at least four working days before disclosure. 37.8 You shall ensure that all Information information produced in relation to all your VHCC Work pursuant to this Contract is retained for disclosure and shall permit the Client and the Authorised Entities us to inspect such records as requested from time to time. 37.9 You acknowledge that any lists or schedules provided by you outlining confidential information are of indicative value only and that we may nevertheless be obliged to disclose confidential information in accordance with clause 37.6.

Freedom of Information. 17.1 The Service Providers acknowledge Provider acknowledges that the Client and the Authorised Entities may be Authority is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate with the Client or the Authorised Entity concerned Authority to enable it the Authority to comply with its information Information disclosure obligations. 17.2 Each . The Service Provider shall and shall procure that its subSub-contractors shall: 17.2.1 shall:- transfer to the Client or the Authorised Entity Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity Authority with a copy of all Information in its possession, possession or power in the form that the Client or the Authorised Entity requires Authority requests within five (5) Working Days (or such other period as the Client or the Authorised Entity Authority may specify) of the Client’s or the Authorised Entity’s Authority's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Authority to enable the Client or the Authorised Entity Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned Environmental Information Regulations. The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a the Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Authority. The Service Provider acknowledges that (notwithstanding the Client and provisions of this Clause 7.45) the Authorised Entities Authority may, acting in accordance with the relevant codes Ministry of practice Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 00000000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information without consulting or obtaining consent from information concerning the Service Provider or despite having taken the Services:- in certain circumstances without consulting the Service Provider’s ; or following consultation with the Service Provider and having taken their views into account. 17.6 Each , provided always that where Clause 7.50 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Service Provider advanced notice, or failing that, to draw the disclosure to the Service Provider's attention after any such disclosure. The Service Provider shall ensure that all Information is retained for disclosure in accordance with Clause 7.12 and shall permit the Client and the Authorised Entities Authority to inspect such records as requested from time to time. The Service Provider acknowledges that the Commercially Sensitive Information listed in Schedule 8 is of indicative value only and that the Authority may be obliged to disclose it in accordance with Clause 7.50.

Freedom of Information. 17.1 ‌ 37.1. The Service Providers acknowledge Contractor acknowledges that the Client and the Authorised Entities may be Authority is subject to the requirements of the FOIA and the EIR FOIL and shall assist and co-operate cooperate with the Client or Authority (at the Authorised Entity concerned Contractor’s expense) to enable it the Authority to comply with its information disclosure obligationsrequirements (if necessary). 17.2 Each Service Provider 37.2. The Contractor shall and shall procure that its sub-contractors shall: 17.2.1 (a) transfer the Request for Information to the Client or the Authorised Entity all Requests for Information that it receives Authority as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 (b) provide the Client or the Authorised Entity Authority with a copy of all Information in its possession, possession or power in the form that the Client or the Authorised Entity Authority requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Authority may specify) of the Client’s or the Authorised Entity’s requestAuthority requesting that Information; and 17.2.3 (c) provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Authority to enable the Client or the Authorised Entity Authority to respond to the a Request for Information within the time for compliance set out in section 10 Article 13 of the FOIA FOIL or regulation 5 of any subordinate legilslation made under the EIRLaw. 17.3 the Client or the Authorised Entity concerned 37.3. The Authority shall be responsible for determining in at its absolute discretion whether the Commercially Sensitive Information and/or any Information other Information: (a) is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 In FOIL; (b)is to be disclosed in response to a Request for Information; and in no event shall a Service Provider the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised EntityAuthority. 17.5 Each Service Provider 37.4. The Contractor acknowledges that the Client and the Authorised Entities Authority may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities FOIL beobliged under Part 1 of the Freedom of Information Xxx 0000, be obliged FOIL to disclose Information Information: (a) without consulting or obtaining consent from with the Service Provider or despite Contractor, or (b) following consultation with the Contractor and having taken the Service Provider’s its views into account. 17.6 Each Service Provider 37.5. The Contractor shall ensure that all Information produced in the course of the Contract or relating to the Contract is retained for disclosure for the Term of this Agreement or as otherwise agreed and shall permit the Client and the Authorised Entities Authority to inspect such records (including but not limited to audit records of disposed information) as requested from time to time. 37.6. The Contractor acknowledges that any lists or Schedules provided by it outlining Confidential Information are of indicative value only and that the Authority may nevertheless be obliged to disclose Confidential Information in accordance with clause 37.4.

Freedom of Information. 17.1 The Service Providers acknowledge Supplier acknowledges that the Client and the Authorised Entities may be Customer is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned Customer to enable it the Customer to comply with its information Information disclosure obligations. 17.2 Each Service Provider . The Supplier shall and shall procure that its subSub-contractors shall: 17.2.1 : transfer to the Client or the Authorised Entity Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity Customer with a copy of all Information in its possession, or power control in the form that the Client or the Authorised Entity Customer requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Customer may specify) of the Client’s or the Authorised Entity’s Customer's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Customer to enable the Client or the Authorised Entity Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned Environmental Information Regulations. The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other Contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a Service Provider the Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider Customer. The Supplier acknowledges that (notwithstanding the Client and provisions of clause 23.6) the Authorised Entities Customer may, acting in accordance with the relevant codes Governments’ Code of practice Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Act 2000 ("the Code"), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information information concerning the Supplier or the Goods and Services: in certain circumstances without consulting the Supplier; or obtaining consent from following consultation with the Service Provider or despite Supplier and having taken the Service Provider’s their views into account. 17.6 Each Service Provider , provided always that where clause 23.8.5 applies the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier's attention after any such disclosure. The Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of this Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client and the Authorised Entities Customer to inspect such records as requested from time to time. The Supplier acknowledges that the Commercially Sensitive Information is of indicative value only and that the Customer may be obliged to disclose it in accordance with clause 23.8.5.

Freedom of Information. 17.1 E5.1 The Service Providers acknowledge Contractor acknowledges that the Client and the Authorised Entities may be Authority is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned Authority to enable it the Authority to comply with its information Information disclosure obligations. 17.2 Each Service Provider E5.2 The Contractor shall and shall procure that its sub-contractors shall:; 17.2.1 a) transfer to the Client or the Authorised Entity Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 b) provide the Client or the Authorised Entity Authority with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity Authority requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Authority may specify) of the Client’s or the Authorised Entity’s Authority's request; and 17.2.3 c) provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Authority to enable the Client or the Authorised Entity Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIREnvironmental Information Regulations. 17.3 the Client or the Authorised Entity concerned E5.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIREnvironmental Information Regulations. 17.4 E5.4 In no event shall a Service Provider the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised EntityAuthority. 17.5 Each Service Provider E5.5 The Contractor acknowledges that (notwithstanding the Client and provisions of Clause E5) the Authorised Entities Authority may, acting in accordance with the relevant codes Department of practice Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 00000000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information information concerning the Contractor or the Services; a) in certain circumstances without consulting or obtaining consent from the Service Provider or despite Contractor; or b) following consultation with the Contractor and having taken the Service Provider’s their views into account; (a) applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure. 17.6 Each Service Provider E5.6 The Contractor shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities Authority to inspect such records as requested from time to time. E5.7 The Contractor acknowledges that the Commercially Sensitive Information listed in Commercially Sensitive Information Schedule is of indicative value only and that the Authority may be obliged to disclose it in accordance with clause E5.5. E6 Publicity, Media and Official Enquiries E6.1 The Contractor shall not: a) Make any press announcements or publicise this Contract or its contents in any way; or b) use the Authority’s name or brand in any promotion or marketing or announcement of orders; without the written consent of the Authority, which shall not be unreasonably withheld or delayed. E6.2 Both Parties shall take reasonable steps to ensure that their servants, employees, agents, sub-contractors, suppliers, professional advisors and consultants comply with clause E6. E6.3 Where applicable, each Party shall give the other advance notice of proposed visits to the Contractor’s premises or any premises of its sub-contractors (including Members of Parliament, members of the press and media) to observe the delivery of the Service(s) by the Contractor or its sub-contractors. E6.4 If so requested by the Authority the notepaper and other written material of the Contractor and their sub-contractors relating to the delivery of the Services(s) shall carry only logos and markings approved by the Authority. This may include, but shall not be limited to, such banner or logo as the Authority shall use to identify the Service(s) (“Trade Xxxx”) from time to time. All publicity and marketing material produced by the Contractor (or its sub-contractors) in relation to this Contract shall be submitted to the Authority for approval, and no such items shall be printed (other than for approval purposes) until such approval is received. E7 Security E7.1 The Contractor shall take all measures necessary to comply with the provisions of any enactment relating to security that may be applicable to the Contractor in the performance of the Services. E7.2 Whilst on the Authority's Premises, Staff shall comply with all security measures implemented by the Authority in respect of Staff and other persons attending those Premises. The Authority shall provide copies of its written security procedures to the Contractor on request and shall afford the Contractor upon request with an opportunity to inspect its physical security arrangements. E7.3 The Contractor shall comply, and shall procure the compliance of the Contractor Staff, with the Security Policy and the Security Plan. The Contractor shall ensure that the Security Plan fully complies with the Security Policy. E7.4 The Authority shall notify the Contractor of any changes or proposed changes to the Security Policy. E7.5 If the Contractor believes that a change or proposed change to the Security Policy will have a material and unavoidable cost implication to the Services it may request a Variation to the Contract by written notice to the Authority. In doing so, the Contractor must support its request by providing evidence of the cause of any increased costs and the steps that it has taken to mitigate those costs. Any change to the Contract Price shall then be agreed in accordance with Clause F3 (Variation). E7.6 Until and/or unless a change to the Contract Price is agreed by the Authority pursuant to clause E7.5 the Contractor shall continue to perform the Services in accordance with its existing obligations. E8 Intellectual Property Rights E8.1 All Intellectual Property Rights in any guidance, specifications, instructions, toolkits, plans, data, drawings, databases, patents, patterns, models, designs or other material: a) furnished to or made available to the Contractor by or on behalf of the Authority shall remain the property of the Authority; or b) prepared by or for the Contractor on behalf of the Authority for use, or intended use, in relation to the performance by the Contractor of its obligations under the Contract shall belong to the Authority, and the Contractor shall not, and shall ensure that the Staff shall not, (except when necessary for the performance of the Contract) without prior Approval, use or disclose any such Intellectual Property Rights. E8.2 The Contractor shall obtain approval before using any material, in relation to the performance of its obligations under the Contract which is or may be subject to any third party Intellectual Property Rights. The Contractor shall ensure that the owner of the rights grants to the Authority a non-exclusive licence, or if itself a licensee of those rights, shall grant to the Authority an authorised sub-licence, to use, reproduce, modify, develop and maintain the material. Such licence or sub-licence shall be non-exclusive, perpetual, royalty free and irrevocable and shall include the right for the Authority to sub-license, transfer, novate or assign to other Contracting Authorities, the Replacement Contractor or to any other third party supplying services to the Authority. E8.3 The Contractor shall not infringe any Intellectual Property Rights of any third party in supplying the Services and the Contractor shall, during and after the Contract Period, indemnify and keep indemnified and hold the Authority and the Crown harmless from and against all actions, suits, claims, demands, losses, charges, damages, costs and expenses and other liabilities which the Authority or the Crown may suffer or incur as a result of or in connection with any breach of this clause, except where any such claim arises from; a) items or materials based upon designs supplied by the Authority; or b) the use of data supplied by the Authority which is not required to be verified by the Contractor under any provision of the Contract. E8.4 The Authority shall notify the Contractor in writing of any claim or demand brought against the Authority for infringement or alleged infringement of any Intellectual Property Right in materials supplied or licensed by the Contractor. The Contractor shall at its own expense conduct all negotiations and any litigation arising in connection with any claim for breach of Intellectual Property Rights in materials supplied or licensed by the Contractor, provided always that the Contractor: a) shall consult the Authority on all substantive issues which arise during the conduct of such litigation and negotiations; b) shall take due and proper account of the interests of the Authority; and c) shall not settle or compromise any claim without the Authority’s prior written consent (not to be unreasonably withheld or delayed). E8.5 The Authority shall at the request of the Contractor afford to the Contractor all reasonable assistance for the purpose of contesting any claim or demand made or action brought against the Authority or the Contractor for infringement or alleged infringement of any Intellectual Property Right in connection with the performance of the Contractor’s obligations under the Contract and the Contractor shall indemnify the Authority for all costs and expenses (including, but not limited to, legal costs and disbursements) incurred in doing so. Such costs and expenses shall not be repaid where they are incurred in relation to a claim, demand or action which relates to the matters in clause E8.3 (a) or (b). E8.6 The Authority shall not make any admissions which may be prejudicial to the defence or settlement of any claim, demand or action for infringement or alleged infringement of any Intellectual Property Right by the Authority or the Contractor in connection with the performance of its obligations under the Contract. E8.7 If a claim, demand or action for infringement or alleged infringement of any Intellectual Property Right is made in connection with the Contract or in the reasonable opinion of the Contractor is likely to be made, the Contractor shall notify the Authority and, at its own expense and subject to the consent of the Authority (not to be unreasonably withheld or delayed), use its best endeavours to: a) modify any or all of the Services without reducing the performance or functionality of the same, or substitute alternative Services of equivalent performance and functionality, so as to avoid the infringement or the alleged infringement, provided that the provisions herein shall apply mutates mutandis to such modified Services or to the substitute Services; or b) procure a licence to use and supply the Services, which are the subject of the alleged infringement, on Terms which are acceptable to the Authority, and in the event that the Contractor is unable to comply with clauses E8.7 (a) or (b) within 20 Working Days of receipt of the Contractor’s notification the Authority may terminate the Contract with immediate effect by notice in writing. E9 Audit and the National Audit Office E9.1 The Contractor shall keep and maintain until 6 years after the end of the Contract Period, or as long a period as may be agreed between the Parties, full and accurate records of the Contract including the Services supplied under it, all expenditure reimbursed by the Authority, and all payments made by the Authority. The Contractor shall on request afford the Authority or the Authority’s representatives such access to those records as may be requested by the Authority in connection with the Contract. Without prejudice to the foregoing, where the Authority funds the delivery of this Contract using European Social Fund (ESF) funds or in its role as a Co-financing Organisation uses this contract as a match for ESF provision, either at the outset of the contract or at any point during the life of the contract, the Contractor and any sub-contractors appointed by it shall be bound by the corresponding additional requirements detailed within relevant Provider Guidance, including the maintaining of records until at least 31 December 2022. E9.2 The Contractor (and its agents) shall permit the Comptroller and Auditor General (and his appointed representatives) access free of charge during normal business hours on reasonable notice to all such documents (including computerised documents and data) and other information as the Comptroller and Auditor General may reasonably require for the purpose of his financial audit of the Authority and for carrying out examinations into the economy, efficiency and effectiveness with which the authority has used its resources. The Contractor shall provide such explanations as are reasonably required for these purposes. This clause does not constitute a requirement or agreement for the examination, certification or inspection of the accounts of the Contractor under Section 6(3) (d) and (5) of the National Audit Xxx 0000.

Freedom of Information. 17.1 The Service Providers acknowledge JVCo acknowledges that the Client and the Authorised Entities may be Customer is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or Customer (at the Authorised Entity concerned JVCo’s expense) to enable it the Customer to comply with its information these Information disclosure obligations. 17.2 Each Service Provider requirements. The JVCo shall and shall procure that its sub-contractors shall: 17.2.1 : transfer any Request for Information to the Client or the Authorised Entity all Requests for Information that it receives Customer as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity Customer with a copy of all Information in its possession, possession or power in the form that the Client or the Authorised Entity Customer requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Customer may specify) of the Client’s or the Authorised Entity’s requestCustomer requesting that Information; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Customer to enable the Client or the Authorised Entity Customer to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA or regulation Regulation 5 of the EIR. 17.3 Environmental Information Regulations. The Customer shall use reasonable endeavours to consult with the Client or JVCo prior to disclosing any Information that may be Confidential Information in response to a Request for Information. Subject to clause 34.3, the Authorised Entity concerned Customer shall be responsible for determining in at its absolute discretion whether the Confidential Information and / or any Information other Information: is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 In Environmental Information Regulations; is to be disclosed in response to a Request for Information, and in no event shall a Service Provider the JVCo respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider Customer. The JVCo acknowledges that the Client and the Authorised Entities Customer may, acting in accordance with the relevant codes Secretary of practice State for Constitutional Affairs’ Code of Practice on the Discharge discharge of the Functions of Public Authorities public authorities’ functions under Part 1 of the Freedom FOIA (issued under section 45 of Information Xxx 0000FOIA, November 2004), be obliged under FOIA or the Environmental Information Regulations to disclose Information without consulting with the JVCo, or obtaining consent from following consultation with the Service Provider or despite JVCo and having taken the Service Provider’s its views into account. 17.6 Each Service Provider . The JVCo shall ensure that all Information produced in the course of this Agreement or relating to this Agreement is retained for disclosure and shall permit the Client and the Authorised Entities Customer to inspect such records as requested from time to time. The JVCo acknowledges that the identification of Commercially Sensitive Information is of indicative value only and that the Customer may nevertheless be obliged to disclose Commercially Sensitive Information in accordance with clause 34.5.

Freedom of Information. 17.1 13.1 The Service Providers acknowledge Supplier acknowledges that the Client and the Authorised Entities may be Authority is subject to the requirements of the FOIA and the EIR EIRs. The Supplier shall: 13.1.1 provide all necessary assistance and shall assist and co-operate with cooperation as reasonably requested by the Client or the Authorised Entity concerned Authority to enable it the Authority to comply with its information disclosure obligations.obligations under the FOIA and EIRs; 17.2 Each Service Provider shall and shall procure that its sub-contractors shall: 17.2.1 13.1.2 transfer to the Client or the Authorised Entity Authority all Requests for Information relating to this Licence that it receives as soon as practicable and in any event within two (2) 2 Working Days of receiving a Request for Informationreceipt; 17.2.2 13.1.3 provide the Client or the Authorised Entity Authority with a copy of all Information belonging to the Authority requested in the Request For Information which is in its possession, possession or power control in the form that the Client or the Authorised Entity Authority requires within five (5) 5 Working Days (or such other period as the Client or the Authorised Entity Authority may reasonably specify) of the Client’s or the Authorised Entity’s requestAuthority's request for such Information; and 17.2.3 provide all necessary assistance as is reasonably requested 13.1.4 not respond directly to a Request For Information unless authorised in writing to do so by the Client Authority. 13.2 The Supplier acknowledges that the Authority may be required under the FOIA and EIRs to disclose Information (including commercially sensitive information) without consulting or obtaining consent from the Authorised Entity Supplier. The Authority shall take reasonable steps to enable notify the Client or Supplier of a Request For Information (in accordance with the Authorised Entity to respond Cabinet Office's Freedom of Information Code of Practice issued under section 45 of the FOIA) to the Request extent that it is permissible and reasonably practical for Information within it to do so but (notwithstanding any other provision in this Licence) the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned Authority shall be responsible for determining in its absolute discretion whether any Information commercially sensitive information and/or any other information is exempt from disclosure in accordance with the FOIA and/or the EIRs. 13.3 Notwithstanding any other term of this Licence, the Supplier consents to the publication of this Licence in its entirety (including variations), subject only to the redaction of information that is exempt from disclosure in accordance with the provisions of the FOIA or the EIRand EIRs. 17.4 In no event shall a Service Provider respond directly 13.4 The Authority shall, prior to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities maypublication, acting in accordance consult with the relevant codes of practice Supplier on the Discharge manner and format of publication and to inform its decision regarding any redactions but shall have the Functions of Public Authorities under Part 1 of final decisions in its absolute discretion. The Supplier shall assist and co-operate with the Freedom of Information Xxx 0000, be obliged Authority to disclose Information without consulting or obtaining consent from enable the Service Provider or despite having taken the Service Provider’s views into accountAuthority to publish this Licence. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.

Freedom of Information. 17.1 The Service Providers acknowledge Supplier acknowledges that the Client and the Authorised Entities may be Authority is subject to the requirements of the FOIA Freedom of Information Xxx 0000 (FOIA) and the EIR Environmental Information Regulations 2004 and shall assist and co-operate with the Client or Authority (at the Authorised Entity concerned Supplier's expense) to enable it the Authority to comply with its these information disclosure obligations. 17.2 Each Service Provider requirements. Where the Authority receives a request for information under the Freedom of Information Xxx 0000 or the Environmental Information Regulations 2004 in relation to information that the Supplier is holding on its behalf, the Authority shall and shall procure that its sub-contractors shall: 17.2.1 transfer to the Client or the Authorised Entity all Requests Supplier such request for Information information that it receives as soon as practicable and in any event at no cost to the Authority. The Supplier shall; provide the Authority with confirmation as to whether it holds the information subject to the request within two 2 (2two) Working Business Days of receiving a Request for Information; 17.2.2 the request and if then requested by the Authority provide the Client or the Authorised Entity with a copy of all Information in its possession, or power such information in the form that the Client or the Authorised Entity Authority requires within five 5 (5five) Working Business Days of the request (or such other period as the Client or the Authorised Entity Authority may specify) of the Client’s or the Authorised Entity’s Authority request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Authority in connection with any such information to enable the Client or the Authorised Entity Authority to respond to the Request request for Information information within the time for compliance set out in section 10 the Freedom of Information Xxx 0000 and the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned Environmental Information Regulations 2004. The Authority shall be responsible for determining in at its absolute discretion discretion: whether any Information information is exempt from disclosure under the Freedom of Information Xxx 0000 and the Environmental Information Regulations 2004; and whether the existence of information is to be confirmed or denied, and whether information is to be disclosed in accordance with the provisions of the FOIA or the EIR. 17.4 In response to a request for information, and in no event shall a Service Provider the Supplier respond directly to a Request request for Information information unless expressly authorised in writing to do so by the Client or Authority. Without prejudice to the relevant Authorised Entity. 17.5 Each Service Provider acknowledges that rest of this clause 41.2, the Client and the Authorised Entities may, acting in accordance Authority will consult with the relevant codes of practice on Supplier to ascertain whether the Discharge of Supplier believes that information provided by or relating to the Functions of Public Authorities Supplier is exempt from disclosure under Part 1 of the Freedom of Information Xxx 00000000 and/or the Environmental Information Regulations 2004. The decision of the Authority as to whether or not an exemption does, in fact, apply, is deemed to be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into account. 17.6 Each Service Provider final. The Supplier shall ensure that all Information information produced in the course of or relating to this Agreement is retained for disclosure and shall permit the Client and the Authorised Entities Authority to inspect such records as requested from time to time. The Supplier acknowledges that the Authority may, acting in accordance with the Secretary of State for Constitutional Affairs’ Code of Practice on the discharge of public authorities’ functions under Part 1 of the Freedom of Information Xxx 0000 (issued under section 45 of the Freedom of Information Xxx 0000, November 2004), be obliged under the Freedom of Information Xxx 0000 or the Environmental Information Regulations 2004 to disclose information: without consulting with the Supplier; or following consultation with the Supplier and having taken its views into account provided always that where clause 41(b) applies the Authority shall, in accordance with any recommendations of the Secretary of State for Constitutional Affairs’ Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention as soon as possible after any such disclosure.

Freedom of Information. 17.1 11.1 The Service Providers acknowledge Consultant acknowledges that the Client Agency is subject to legal duties which may require the release of information under FOIA and/or EIR and that the Authorised Entities Agency may be under an obligation to provide Information subject to a Request for Information. 11.2 The Agency shall be responsible for determining in its absolute discretion whether:- 11.2.1 any Information is Exempted Information or remains Exempted Information; or 11.2.2 any Information is to be disclosed in response to a Request for Information; and in no event shall the requirements Consultant respond directly to a Request for Information to which the Agency is required to respond to, except to confirm receipt of the Request for Information and that the Request for Information has been passed to the Agency unless otherwise expressly authorised to do so by the Agency. 11.3 Subject to clause 11.4 below, the Consultant acknowledges that the Agency may be obliged under FOIA or EIR to disclose Information:- 11.3.1 without consulting the Consultant or 11.3.2 following consultation with the Consultant and having taken (or not taken, as the EIR case may be) its views into account. 11.4 Without in any way limiting Clauses 11.2 and shall 11.3, in the event that the Agency receives a Request for Information, the Agency will, where appropriate, as soon as reasonably practicable notify the Consultant. 11.5 The Consultant will assist and co-operate with the Client or Agency as requested by the Authorised Entity concerned Agency to enable it the Agency to comply with its information disclosure obligations. 17.2 Each Service Provider shall requirements under FOIA and EIR within the prescribed periods for compliance and in particular without limitation will (and shall procure that its agents and sub-contractors shallwill), at their own cost: 17.2.1 11.5.1 transfer any Request for Information received by the Consultant to the Client or the Authorised Entity all Requests for Information that it receives Agency as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request request for Informationinformation; 17.2.2 11.5.2 provide all such assistance as may be required from time to time by the Agency and supply such data or information as may be requested by the Agency; 11.5.3 provide the Client Agency with any data or the Authorised Entity with a copy of all Information information in its possession, possession or power in the form that the Client or the Authorised Entity Agency requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Agency may specify) of the Client’s or the Authorised Entity’s request; andAgency requesting that Information; 17.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 In no event shall a Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into account. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall 11.5.4 permit the Client and the Authorised Entities Agency to inspect such records as requested from time to time 11.6 Nothing in this Agreement will prevent the Agency from complying with any valid order, decision, enforcement or practice recommendation notice issued to it by the Information Commissioner under FOIA and / or EIR in relation to any Exempted Information.

Freedom of Information. 17.1 The Service Providers acknowledge Authorities recognise that the Client each Authority is a public authority as defined by FOI Legislation and the Authorised Entities therefore recognise that information relating to this Agreement may be the subject to the requirements of the FOIA and the EIR and an Information Request which shall assist and co-operate be considered in accordance with the Client or the Authorised Entity concerned to enable it to comply with its information disclosure obligationsthis Clause 17. 17.2 Each Service Provider The Authorities shall assist each other in complying with their obligations under FOI Legislation, as they relate to Information Requests made in relation to this Agreement, including but not limited to assistance without charge in gathering information to respond to an Information Request relating to this Agreement. For the avoidance of doubt, nothing in this clause 17.2, shall require an Authority to provide information, if the relevant information has not been held on behalf of the Authority that received the Information Request. 17.3 Where an Authority receives an Information Request in relation to this Agreement and shall procure another Authority holds information or records on behalf of that its sub-contractors shall: 17.2.1 transfer Authority, upon request, such other Authority agrees to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 provide the Client or the Authorised Entity first Authority with a copy of all such information related to the Information in its possessionRequest, or power in the form that the Client or the Authorised Entity first Authority reasonably requires within five (5) Working Days business days (or such other period as the Client or the Authorised Entity first Authority may reasonably specify) of the Client’s or the Authorised Entityfirst Authority’s request. 17.4 Each Authority, as a separate public authority, shall in its absolute and sole discretion, decide: 17.4.1 whether the Information Request is valid under the FOI Legislation, as well as all other considerations relevant in the assessment of an Information Request under the FOI Legislation, such as any considerations (as may be applicable) regarding the cost of complying with a request or any charges for responding to a request, whether the request is repeated, vexatious or manifestly unreasonable and any other relevant considerations; 17.4.2 whether the information requested in an Information Request is relevant to the Agreement; 17.4.3 whether, if the Information Request does relate to the Agreement, whether the information is Exempt Information; 17.4.4 where appropriate, whether or not in all circumstances of the case the public interest in maintaining any exemption outweighs the public interest in disclosing the requested information ; and 17.2.3 provide all necessary assistance 17.4.5 whether the information requested in the Information Request is to be disclosed or not, or proactively disclosed regardless of whether an Information Request has been received or not. 17.5 Where an Authority receives an Information Request for information about the Agreement which may be Exempt Information and which refers to one or more of the Authorities, then where reasonably practicable and, subject to clause 17.6 take reasonable steps prior to disclosure of such information to: 17.5.1 circulate the Information Request to the other Authorities and invite the other Authorities to make representations to the Authority which received the Information Request as to whether or not the information is Exempt Information as soon as reasonably requested by the Client or the Authorised Entity possible, ensuring that such submissions are made in good time so as to enable the Client Authority which received the Information Request to comply with their obligations under the FOI Legislation; and 17.5.2 in good faith, consider any representations raised by the other Authorities when deciding whether to disclose Exempt Information, but the Authority which receives the Information Request shall not be obliged to accept or the Authorised Entity to respond agree to the Request for Information within representations which are made by the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIRother Authorities. 17.3 the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with 17.6 The Authorities acknowledge that (notwithstanding the provisions of this clause 17) the FOIA or Authority which received the EIR. 17.4 In no event shall a Service Provider respond directly to a Information Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, under the FOI Legislation or acting in accordance with the relevant codes Department of practice Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 I of the Freedom of Information Xxx 0000Act 2000 (the “Code”), be obliged under the FOI Legislation to disclose Information information concerning this Agreement or the other Authorities: 17.6.1 in certain circumstances without consulting or obtaining consent from with the Service Provider or despite other Authorities; or 17.6.2 following consultation with the other Authorities and having taken the Service Provider’s their views into account, provided always that where clause 17.5.1 above applies the Authority which receives the Information Request, take reasonable steps wherever practicable to draw this to the attention of the other Authorities prior to any disclosure. 17.6 Each Service Provider shall ensure 17.7 The Authorities acknowledge and agree that all an Authority will not be liable to the other Authority for any loss, damage, harm or detrimental effect arising from or in connection with the disclosure of information in response to an Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to timeRequest.

Freedom of Information. 17.1 (a) The Service Providers parties acknowledge that the Client and the Authorised Entities may be Authority is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and both parties shall assist facilitate the Authority's compliance with its Information disclosure requirements pursuant to the same in the manner provided for in Clause (b) to (g) (inclusive) below. (b) Where the Contractor receives a Request for Information from the Authority in relation to Information that the Subcontractor is holding on the Contractor’s behalf, and co-operate with which the Client Contractor or the Authorised Entity concerned to enable it to comply with its information disclosure obligations. 17.2 Each Service Provider Authority does not hold itself, the Contractor shall and shall procure that its sub-contractors shall: 17.2.1 transfer refer the Request for Information to the Client or the Authorised Entity all Requests for Information that it receives Subcontractor as soon as practicable and in any event within two [5] Business Days after receiving it and the Subcontractor shall: (2i) Working Days of receiving a Request for Information; 17.2.2 provide the Client or the Authorised Entity Contractor with a copy of all the Information in its possession, or power in the form that the Client or the Authorised Entity Authority requires as soon as practicable and in any event within five (5) Working 10 Business Days (or such any other period as the Client or the Authorised Entity Contractor acting reasonably may specify) of after the Client’s or the Authorised Entity’s Authority's request; and 17.2.3 (ii) provide all necessary assistance as is reasonably requested by the Client or Contractor in connection with the Authorised Entity Information, to enable the Client or the Authorised Entity Authority to respond to the a Request for Information within the time for compliance set out in section Section 10 of the FOIA or regulation Regulation 5 of the EIREnvironmental Information Regulations. 17.3 (c) Following a referral under Clause 18.5(b), and until the Client time the Subcontractor has provided the Contractor with the Information specified in Clause 18.5(b)(i), the Subcontractor may make representations to the Contractor as to whether or not or on what basis Information requested should be disclosed, and whether further information should reasonably be provided to identify and locate the Authorised Entity concerned Information requested, provided always that the Contractor shall be responsible for determining in at its absolute discretion discretion: (i) whether any Information is exempt from disclosure in accordance with the provisions of under the FOIA or and the EIR.Environmental Information Regulations; and 17.4 In (ii) whether Information is to be disclosed in response to a Request for Information, and in no event shall a Service Provider the Subcontractor respond directly directly, or allow its subcontractors to respond directly, to a Request for Information unless expressly authorised to do so by the Client Contractor in writing. (d) The Subcontractor shall ensure that all Information held on behalf of the Contractor is retained for disclosure for at least [] years (from the date it is acquired) and shall permit the Contractor to inspect the Information as requested from time to time. (e) The Subcontractor shall transfer to the Contractor any Request for Information received by the Subcontractor as soon as practicable and in any event within 2 Business Days after receiving it. (f) The Subcontractor acknowledges that any lists provided by him listing or outlining Confidential Information, are of indicative value only and that the Authority may nevertheless be obliged to disclose Confidential Information in accordance with the requirements of the FOIA and the Environmental Information Regulations. (g) In the event of a referral from the Contractor pursuant to Clause 18.5(b), the Subcontractor shall as soon as practicable, and in any event within 5 Business Days after the referral, inform the Contractor of the Subcontractor's estimated costs of complying with the Request for Information to the extent these would be recoverable if incurred by the Authority under Section 12(1) of the FOIA and the Fees Regulations. Where the costs (either on their own or in conjunction with the Contractor or the relevant Authorised EntityAuthority's own costs in respect of the Request for Information) will exceed the appropriate limit referred to in Section 12(1) of the FOIA and as set out in the Fees Regulations the Contractor shall inform the Subcontractor in writing whether or not it still requires the Subcontractor to comply with the Request for Information and, where it does require the Subcontractor to comply with the Request for Information, the 10 Business Days period for compliance shall be extended by the number of additional Business Days for compliance as the Authority is entitled to under Section 10 of the FOIA. In that case, the Contractor shall notify the Subcontractor of the additional Business Days as soon as practicable after becoming aware of them and shall reimburse the Subcontractor for the costs incurred by the Subcontractor in complying with the Request for Information to the extent it is itself entitled to reimbursement of those costs in accordance with its own FOIA policy from time to time. 17.5 Each Service Provider acknowledges (h) The parties acknowledge that (notwithstanding the Client and provisions of Clause 20.3) the Authorised Entities Authority may, acting in accordance with the relevant codes Department of practice Constitutional Affairs' Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 I of the Freedom of Information Xxx 0000Act 2000 (the Code), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information concerning the Contractor, the Subcontractor or the Services: (i) in certain circumstances without consulting or obtaining consent from with the Service Provider or despite Contractor and/or the Subcontractor; or (ii) following consultation with the Contractor and/or the Subcontractor and having taken the Service Provider’s their views into account. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.

Freedom of Information. 17.1 18.1 The Service Providers acknowledge Contractor acknowledges that the Client and the Authorised Entities may be Authority is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate with facilitate the Client or the Authorised Entity concerned to enable it to comply Authority's compliance with its information Information disclosure obligationsrequirements pursuant to the same in the manner provided for in Clauses 18.2 to 18.4 (inclusive) below. 17.2 Each Service Provider 18.2 Where the Authority receives a Request for Information in relation to Information that the Contractor is holding on its behalf the Authority shall and shall procure that its sub-contractors shall: 17.2.1 transfer to the Client or the Authorised Entity all Requests Contractor such Request for Information that it receives as soon as practicable and in any event within two five (25) Working Days working days of receiving a Request for Information;Information and the Contractor shall: 17.2.2 18.2.1 provide the Client or the Authorised Entity Authority with a copy of all such Information in its possession, or power in the form that the Client or the Authorised Entity Authority requires as soon as practicable and in any event within five ten (510) Working Days working days (or such other period as the Client or the Authorised Entity Authority acting reasonably may specify) of the Client’s or the Authorised EntityAuthority’s request; and 17.2.3 18.2.2 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Authority in connection with any such Information, to enable the Client or the Authorised Entity Authority to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA or regulation Regulation 5 of the EIREnvironmental Regulations. 17.3 18.3 Following notification under Clause 18.2 and up until such time as the Client Contractor has provided the Authority with all the Information specified in Clause 18.2.1, the Contractor may make representations to the Authority as to whether or not or on what basis Information requested should be disclosed, and whether further information should reasonably be provided in order to identify and locate the Authorised Entity concerned information requested, provided always that the Authority shall be responsible for determining in at its absolute discretion discretion: 18.3.1 whether any the Information is exempt from disclosure in accordance with the provisions of under the FOIA or and the EIR.Environmental Information Regulations; 17.4 In 18.3.2 whether the Information is to be disclosed in response to a Request for Information, and in no event shall a Service Provider the Contractor respond directly or allow its Sub-Contractors to respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised EntityAuthority. 17.5 Each Service Provider 18.4 The Contractor shall ensure that all Information held on behalf of the Authority is retained for disclosure for at least six (6) years from the date it is acquired and shall permit the Authority to inspect such Information as requested from time to time. 18.5 The Contractor shall transfer to the Authority any Request for Information received by the Contractor as soon as practicable and in any event within two (2) working days of receiving it. 18.6 The Contractor acknowledges that any lists provided by him listing or outlining Confidential Information, are of indicative value only and that the Authority may nevertheless be obliged to disclose Confidential Information in accordance with Clause 18.4. 18.7 In the event of a request from the Authority pursuant to Clause 18.2 above, the Contractor shall as soon as practicable, and in any event within five (5) working days of receipt of such request, inform the Authority of the Contractor's estimated costs of complying with the request to the extent these would be recoverable if incurred by the Authority under section 12(1) of the FOIA and the Fees Regulations. Where such costs (either on their own or in conjunction with the Authority’s own such costs in respect of such Request for Information) will exceed the appropriate limit referred to in Section 12(1) of the FOIA and as set out in the Fees Regulations the Authority shall inform the Contractor in writing whether or not it still requires the Contractor to comply with the request and where it does require the Contractor to comply with the request the ten (10) working days period for compliance shall be extended by such number of additional days for compliance as the Authority is entitled to under Section 10 of the FOIA. In such case, the Authority shall notify the Contractor of such additional days as soon as practicable after becoming aware of them and shall reimburse the Contractor for such costs as the Contractor incurs in complying with the request to the extent the Authority is itself entitled to reimbursement of such costs in accordance with its own FOIA policy from time to time. 18.8 The Contractor acknowledges that the Client and the Authorised Entities Authority may, acting in accordance with the relevant codes Department of practice Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 I of the Freedom of Information Xxx 00000000 (the "FOIA Code"), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information concerning the Contractor or the Project: 18.8.1 in certain circumstances without consulting or obtaining consent from with the Service Provider or despite Contractor, or 18.8.2 following consultation with the Contractor and having taken the Service Provider’s their views into account. PROVIDED always that where Clause 18.8.1 applies, the Authority shall, in accordance with the recommendations of the FOIA Code, draw this to the attention of the Contractor prior to any disclosure. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.

Freedom of Information. 17.1 (a) The Service Providers acknowledge Contractor acknowledges that the Client and the Authorised Entities may be Authority is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate with facilitate the Client or the Authorised Entity concerned to enable it to comply Authority's compliance with its information Information disclosure obligationsrequirements pursuant to the same in the manner provided for in Clause 36.5(b) to 36.5(g) (inclusive) below. 17.2 Each Service Provider (b) Where the Authority receives a Request for Information in relation to Information that the Contractor is holding on its behalf, and which the Authority does not hold itself, the Authority shall and shall procure that its sub-contractors shall: 17.2.1 transfer refer the Request for Information to the Client or the Authorised Entity all Requests for Information that it receives Contractor as soon as practicable and in any event within two 5 Business Days after receiving it and the Contractor shall: (2i) Working Days of receiving a Request for Information; 17.2.2 provide the Client or the Authorised Entity Authority with a copy of all the Information in its possession, or power in the form that the Client or the Authorised Entity Authority requires as soon as practicable and in any event within five (5) Working 10 Business Days (or such any other period as the Client or the Authorised Entity Authority acting reasonably may specify) of after the Client’s or the Authorised Entity’s Authority's request; and 17.2.3 (ii) provide all necessary assistance as is reasonably requested by the Client or Authority in connection with the Authorised Entity Information, to enable the Client or the Authorised Entity Authority to respond to the a Request for Information within the time for compliance set out in section Section 10 of the FOIA or regulation Regulation 5 of the EIREnvironmental Information Regulations. 17.3 (c) Following a referral under Clause 36.5, and until the Client time the Contractor has provided the Authority with the Information specified in Clause 36.5(b)(i), the Contractor may make representations to the Authority as to whether or not or on what basis Information requested should be disclosed, and whether further information should reasonably be provided to identify and locate the Authorised Entity concerned Information requested, provided always that the Authority shall be responsible for determining in at its absolute discretion discretion: (i) whether any Information is exempt from disclosure in accordance with the provisions of under the FOIA or and the EIR.Environmental Information Regulations; and 17.4 In (ii) whether Information is to be disclosed in response to a Request for Information, and in no event shall a Service Provider the Contractor respond directly directly, or allow its Subcontractors to respond directly, to a Request for Information unless expressly authorised to do so by the Client Authority in writing. (d) The Contractor shall ensure that all Information held on behalf of the Authority is retained for disclosure for at least six years (from the date it is acquired) and shall permit the Authority to inspect the Information as requested from time to time. (e) The Contractor shall transfer to the Authority any Request for Information received by the Contractor as soon as practicable and in any event within 2 Business Days after receiving it. (f) The Contractor acknowledges that any lists provided by him listing or outlining Confidential Information, are of indicative value only and that the Authority may nevertheless be obliged to disclose Confidential Information in accordance with the requirements of the FOIA and the Environmental Information Regulations. (g) In the event of a referral from the Authority pursuant to Clause 36.5(b), the Contractor shall as soon as practicable, and in any event within 5 Business Days after the referral, inform the Authority of the Contractor's estimated costs of complying with the Request for Information to the extent these would be recoverable if incurred by the Authority under Section 12(1) of the FOIA and the Fees Regulations. Where the costs (either on their own or in conjunction with the Authority's own costs in respect of the Request for Information) will exceed the appropriate limit referred to in Section 12(1) of the FOIA and as set out in the Fees Regulations, the Authority shall inform the Contractor in writing whether or not it still requires the Contractor to comply with the Request for Information and, where it does require the Contractor to comply with the Request for Information, the 10 Business Days period for compliance shall be extended by the number of additional Business Days for compliance as the Authority is entitled to under Section 10 of the FOIA. In such case, the Authority shall notify the Contractor of the additional Business Days as soon as practicable after becoming aware of them and shall reimburse the Contractor for the costs incurred by the Contractor complying with the Request for Information to the extent it is itself entitled to reimbursement of those costs in accordance with its own FOIA policy from time to time. The Contractor shall issue invoices for the relevant Authorised Entityamounts payable under this Clause 36.5(g) to the other party in accordance with paragraph 16 of Schedule11 (Payment mechanism). 17.5 Each Service Provider (h) The Contractor acknowledges that (notwithstanding the Client and provisions of Clause 40) the Authorised Entities Authority may, acting in accordance with the relevant codes Secretary of practice State for Constitutional Affairs' Code of Practice on the Discharge discharge of the Functions of Public Authorities public authorities’ functions under Part 1 I of the Freedom of Information Xxx 00000000 (the Code), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information concerning the Contractor or the Services: (i) in certain circumstances without consulting or obtaining consent from with the Service Provider or despite Contractor; or (ii) following consultation with the Contractor and having taken the Service Provider’s their views into account, provided always that where (i) above applies the Authority shall, in accordance with the recommendations of the Code, draw this to the attention of the Contractor prior to any disclosure. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.

Freedom of Information. 17.1 The Service Providers acknowledge Supplier acknowledges that the Client and the Authorised Entities may be Customer is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned Customer to enable it the Customer to comply with its information Information disclosure obligations. 17.2 Each Service Provider . The Supplier shall and shall procure that its subSub-contractors Contractors shall: 17.2.1 : transfer to the Client or the Authorised Entity Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity Customer with a copy of all Information relating to a Request for Information in its possession, or power control in the form that the Client or the Authorised Entity Customer requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Customer may specify) of the Client’s or the Authorised Entity’s Customer's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Customer to enable the Client or the Authorised Entity Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned Environmental Information Regulations. The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract or any other contract whether the Commercially Sensitive Information and/or any other Information including Supplier’s Confidential Information, is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a Service Provider the Supplier respond directly to a Request for Information unless expressly authorised in writing to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider Customer. The Supplier acknowledges that (notwithstanding the Client and provisions of Clause 6.2) the Authorised Entities Customer may, acting in accordance with the relevant codes Ministry of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Justice Codes, be obliged under the FOIA or the Environmental Information Regulations to disclose Information information concerning the Supplier or the Contract Services: in certain circumstances without consulting the Supplier; or obtaining consent from following consultation with the Service Provider or despite Supplier and having taken the Service ProviderSupplier’s views into account. 17.6 Each Service Provider , provided always that where Clause 6.4.5 applies the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier's attention after any such disclosure. The Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of the Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client and the Authorised Entities Customer on reasonable notice to inspect such records as requested from time to time. The Supplier acknowledges that the Commercially Sensitive Information is of an indicative nature only and that the Customer may be obliged to disclose it in accordance with Clause 6.4.5.

Freedom of Information. 17.1 The Service Providers Provider acknowledge that the Client and the Authorised Entities may be subject to the requirements of the FOIA and the EIR and shall assist and co-operate with the Client or the Authorised Entity concerned to enable it to comply with its information disclosure obligations. 17.2 Each Service Provider shall and shall procure that its sub-contractors shall: 17.2.1 transfer to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 provide the Client or the Authorised Entity with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires within five (5) Working Days (or such other period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s request; and 17.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 In no event shall a Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into account. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.

Freedom of Information. 17.1 21.1 The Service Providers acknowledge Supplier acknowledges that the Client and the Authorised Entities may be Customer is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned Customer, to enable it the Customer to comply with its information Information disclosure obligations. 17.2 Each Service Provider 21.2 The Supplier shall (and shall procure that its sub-contractors shall: 17.2.1 transfer ) provide all necessary assistance as reasonably requested by the Customer to enable the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving Customer to respond to a Request for Information; 17.2.2 provide Information within the Client time for compliance set out in Section 10 of the FOIA or regulation 5 of the Authorised Entity Environmental Information Regulations, to include providing the Customer with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity Customer requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Customer may specify) of the Client’s or the Authorised EntityCustomer’s request; and 17.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned 21.3 The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Agreement or any other agreement whether Information deemed commercially sensitive and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIREnvironmental Information Regulations. 17.4 21.4 In no event shall a Service Provider the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised EntityCustomer. 17.5 Each Service Provider 21.5 The Supplier acknowledges that the Client and the Authorised Entities Customer may, acting in accordance with the relevant codes Department of practice Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Supplier or the services provided by the Supplier under this Agreement unless an exemption applies. The Customer may at its discretion consult the Supplier with regard to whether the FOIA applies to the Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into accountwhether an exemption applies. 17.6 Each Service Provider 21.6 The Supplier shall ensure that all Information produced in the course of this Agreement or relating to this Agreement is retained for disclosure in a manner agreed by the Parties and shall permit the Client and the Authorised Entities Customer to inspect such records as requested from time to time. 21.7 The Supplier acknowledges that any Information it deems commercially sensitive is of indicative value only and that the Customer may be obliged to disclose it in accordance with Clause 21.5.

Freedom of Information. 17.1 The Service Providers acknowledge Provider acknowledges that the Client and the Authorised Entities may be Customer is subject to the requirements of the Code of Practice on Government Information, FOIA and the EIR Environmental Information Regulations and shall assist and co-operate with the Client or the Authorised Entity concerned Customer to enable it the Customer to comply with its information Information disclosure obligations. 17.2 Each . The Service Provider shall and shall procure that its sub-contractors shall: 17.2.1 shall:- transfer to the Client or the Authorised Entity Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity Customer with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires Customer requests within five (5) Working Days (or such other period as the Client or the Authorised Entity Customer may specify) of the Client’s or the Authorised Entity’s Customer's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Customer to enable the Client or the Authorised Entity Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned Environmental Information Regulations. The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a the Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Customer. The Service Provider acknowledges that (notwithstanding the Client and provisions of Clause 16.1.15) the Authorised Entities Customer may, acting in accordance with the relevant codes Ministry of practice Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information without consulting or obtaining consent from information concerning the Service Provider or despite having taken the Services:- in certain circumstances without consulting the Service Provider’s ; or following consultation with the Service Provider and having taken their views into account. 17.6 Each , provided always that where 7.50 applies, the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Service Provider advanced notice, or failing that, to draw the disclosure to the Service Provider's attention after any such disclosure. The Service Provider shall ensure that all Information is retained for disclosure in accordance with Clause 17.1.15 and shall permit the Client and the Authorised Entities Customer to inspect such records as requested from time to time. The Service Provider acknowledges that the Commercially Sensitive Information listed in the Order Form is of indicative value only and that the Customer may be obliged to disclose it in accordance with Clause 16.1.39.

Freedom of Information. 17.1 The Service Providers acknowledge Provider acknowledges that the Client and the Authorised Entities may be is subject to the requirements of the Code of Practice on Government Information, FOIA and the EIR Environmental Information Regulations and shall assist and co-operate with the Client or the Authorised Entity concerned to enable it the Client to comply with its information Information disclosure obligations. 17.2 Each . The Service Provider shall and shall procure that its sub-contractors shall: 17.2.1 shall:- transfer to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires requests within five (5) Working Days (or such other period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s 's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Environmental Information Regulations. The Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a the Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Client. The Service Provider acknowledges that (notwithstanding the provisions of Clause 6) the Client and the Authorised Entities may, acting in accordance with the relevant codes Ministry of practice Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information without consulting or obtaining consent from information concerning the Service Provider or despite having taken the Services:- in certain circumstances without consulting the Service Provider’s ; or following consultation with the Service Provider and having taken their views into account. 17.6 Each , provided always that where Error: Reference source not found applies, the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Service Provider advanced notice, or failing that, to draw the disclosure to the Service Provider's attention after any such disclosure. The Service Provider shall ensure that all Information is retained for disclosure in accordance with Clause 14.1.64 and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time. The Service Provider acknowledges that the Commercially Sensitive Information listed in the Order Form is of indicative value only and that the Client may be obliged to disclose it in accordance with Clause 14.1.39.

Freedom of Information. 17.1 E.4.1 The Service Providers acknowledge Contractor acknowledges that the Client and the Authorised Entities may be is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned to enable it the Client to comply with its information Information disclosure obligations. 17.2 Each Service Provider E.4.2 The Contractor shall and shall procure that its any sub-contractors shall: 17.2.1 shall transfer to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable and in any event within two (2) [two] Working Days of receiving a Request for Information; 17.2.2 (a) provide the Client or the Authorised Entity with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires within five (5) [five] Working Days (or such other period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s 's request; and 17.2.3 (b) provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation Regulation 5 of the EIREnvironmental Information Regulations. 17.3 the E.4.3 The Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR.Environmental Information Regulations 17.4 E.4.4 In no event shall a Service Provider the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised EntityClient. 17.5 Each Service Provider E.4.5 The Contractor acknowledges that (notwithstanding the provisions of Clause E.4) the Client and the Authorised Entities may, acting in accordance with the relevant codes Secretary of practice State for Constitutional Affairs Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information information concerning the Contractor or the Services in certain circumstances: (a) without consulting or obtaining consent from the Service Provider or despite Contractor; or (b) following consultation with the Contractor and having taken the Service Provider’s their views into account; (a) applies the Client shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure. 17.6 Each Service Provider E.4.6 The Contractor shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time. E.4.7 The Contractor acknowledges that the Commercially Sensitive Information listed in the Commercially Sensitive Information Schedule is of indicative value only and that the Client may be obliged to disclose it in accordance with this clause E.4.

Freedom of Information. 17.1 49.8.1 The Service Providers acknowledge Contractor acknowledges that the Client and the Authorised Entities may be Authority is subject to the requirements of the FOIA FoIA and the EIR Environmental Information Regulations and shall assist and co-operate with facilitate the Client or the Authorised Entity concerned to enable it to comply Authority’s compliance with its information Information disclosure obligationsrequirements pursuant to the same in the manner provided for in clauses 49.8.1 to 49.8.4 (inclusive) below. 17.2 Each Service Provider 49.8.2 Where the Authority receives a Request for Information in relation to Information that the Contractor is holding on its behalf the Authority shall and shall procure that its sub-contractors shall: 17.2.1 transfer to the Client or the Authorised Entity all Requests Contractor such Request for Information that it receives as soon as practicable and in any event within two five (25) Working Days of receiving a Request for Information;Information and the Contractor shall:- 17.2.2 (a) provide the Client or the Authorised Entity Authority with a copy of all such Information in its possession, or power in the form that the Client or the Authorised Entity Authority requires as soon as practicable and in any event within five ten (510) Working Days (or such other period as the Client or the Authorised Entity Authority acting reasonably may specify) of the Client’s or the Authorised EntityAuthority’s request; and 17.2.3 (b) provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Authority in connection with any such Information, to enable the Client or the Authorised Entity Authority to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA FoIA or regulation Regulation 5 of the EIREnvironmental Regulations. 17.3 49.8.3 Following notification under clause 49.8.1 and up until such time as the Client Contractor has provided the Authority with all the Information specified in clause 49.8.2(a), the Contractor may make representations to the Authority as to whether or not or on what basis Information requested should be disclosed, and whether further information should reasonably be provided in order to identify and locate the Authorised Entity concerned information requested, provided always that the Authority shall be responsible for determining in at its absolute discretion discretion:- (a) whether any the Information is exempt from disclosure under the FoIA and the Environmental Information Regulations; (b) whether the Information is to be disclosed in accordance with the provisions of the FOIA or the EIR. 17.4 In response to a Request for Information, and in no event shall a Service Provider the Contractor respond directly or allow its sub-contractors to respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised EntityAuthority. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into account. 17.6 Each Service Provider 49.8.4 The Contractor shall ensure that all Information held on behalf of the Authority is retained for disclosure for at least six (6) years from the date it is acquired and shall permit the Client and the Authorised Entities Authority to inspect such records Information as requested from time to time. 49.8.5 The Contractor shall transfer to the Authority any Request for Information received by the Contractor as soon as practicable and in any event within two

Freedom of Information. 17.1 The Service Providers acknowledge Provider acknowledges that the Client and the Authorised Entities may be Authority is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate with the Client or the Authorised Entity concerned Authority to enable it the Authority to comply with its information Information disclosure obligations. 17.2 Each . The Service Provider shall and shall procure that its subSub-contractors shall: 17.2.1 shall:- transfer to the Client or the Authorised Entity Authority all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity Authority with a copy of all Information in its possession, possession or power in the form that the Client or the Authorised Entity requires Authority requests within five (5) Working Days (or such other period as the Client or the Authorised Entity Authority may specify) of the Client’s or the Authorised Entity’s Authority's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Authority to enable the Client or the Authorised Entity Authority to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned Environmental Information Regulations. The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Framework Agreement or any other agreement whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a the Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Authority. The Service Provider acknowledges that (notwithstanding the Client and provisions of this Clause 7.45) the Authorised Entities Authority may, acting in accordance with the relevant codes Ministry of practice Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Act 2000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information without consulting or obtaining consent from information concerning the Service Provider or despite having taken the Services:- in certain circumstances without consulting the Service Provider’s ; or following consultation with the Service Provider and having taken their views into account. 17.6 Each , provided always that where Clause 7.50 applies the Authority shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Service Provider advanced notice, or failing that, to draw the disclosure to the Service Provider's attention after any such disclosure. The Service Provider shall ensure that all Information is retained for disclosure in accordance with Clause 7.12 and shall permit the Client and the Authorised Entities Authority to inspect such records as requested from time to time. The Service Provider acknowledges that the Commercially Sensitive Information listed in Schedule 8 is of indicative value only and that the Authority may be obliged to disclose it in accordance with Clause 7.50.

Freedom of Information. 17.1 The Service Providers acknowledge Contractor acknowledges that the Client and the Authorised Entities may be Customer is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned Customer to enable it the Customer to comply with its information disclosure obligations. 17.2 Each Service Provider shall . The Contractor shall, and shall procure that its any sub-contractors shall: 17.2.1 , (i) transfer to the Client or the Authorised Entity Customer all Requests for Information that it (or any sub-contractors) receives as soon as practicable and in any event within two (2) Working Days of receiving receipt and (ii) provide the Customer with any assistance the Customer may require in relation to a Request for Information; 17.2.2 Information received by the Customer, the Contractor or a sub-contractor, and in any case the Contractor shall: provide the Client or the Authorised Entity Customer with a copy of all information relating to the Request for Information in its possession, or power in the form that the Client or the Authorised Entity Customer requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Customer may specify) of the Client’s or the Authorised EntityCustomer’s request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Customer to enable the Client or the Authorised Entity Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation Regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned Environmental Information Regulations. The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Agreement or any other agreement whether any information relating to the Request for Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a Service Provider the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider Customer. The Contractor acknowledges that (notwithstanding the Client and provisions of clause 13) the Authorised Entities Customer may, acting in accordance with the relevant codes Secretary of practice State for Constitutional Affairs Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 00000000 (“the Code”), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information information concerning the Contractor or the Services in certain circumstances: without consulting the Contractor; or obtaining consent from following consultation with the Service Provider or despite Contractor and having taken the Service Provider’s its views into account. 17.6 Each Service Provider ; provided always that where clause 16.5.1 applies the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor’s attention after any such disclosure. The Contractor shall ensure that all Information information obtained by it pursuant to this Agreement and Work Order is retained for disclosure and shall permit the Client and the Authorised Entities Customer to inspect such records as requested from time to time.

Freedom of Information. 17.1 The Service Providers acknowledge that the Client and the Authorised Entities may provider acknowledges that, in order to be subject to the requirements of compliant with the FOIA and the EIR and EIR, they may be obliged, on request, to provide or consider the provision of Information to third parties where that Information constitutes or may constitute Confidential Information. Subject to the provisions of this Clause 17, the provider shall assist and co-operate with the Client or Council (at the Authorised Entity concerned provider's expense) to enable it to comply facilitate the Council’s compliance with its information disclosure obligationsthe FOIA and/or EIR in that regard. 17.2 Each Service Provider shall and shall procure Without prejudice to the generality of its obligations under Clause 17.1, the provider shall: 17.2.1 Transfer any Request for Information that it or its sub-contractors shall: 17.2.1 transfer receive, to the Client Council as soon as practicable after receipt and in any event within 2 Working Days following receipt of that Request for Information; and 17.2.2 Provide the Council with a copy of all Information in its or its sub-contractor’s possession or power that the Authorised Entity all Requests for Information Council reasonably considers is relevant to the Request in the form that it receives the Council requires as soon as practicable and in any event within two (2) 5 Working Days following receipt of receiving a Request the Council’s request for Information; 17.2.2 provide that Information (and any follow-up Information required by the Client or the Authorised Entity with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires Council thereafter within five (5) 2 Working Days (or such other period as the Client or the Authorised Entity may specify) following receipt of the ClientCouncil’s or the Authorised Entity’s follow-up request; and 17.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR). 17.3 the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with The provider further acknowledges that, notwithstanding the provisions of Clause 17 (Confidentiality), the FOIA or the EIR. 17.4 In no event shall a Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities Council may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000FOIA Code, be obliged under the FOIA or the EIR to disclose Information that is or may be Confidential Information: 17.3.1 In certain circumstances without consulting or obtaining consent from with the Service Provider or despite provider; or 17.3.2 Following consultation with the provider and having taken the Service Providerprovider’s views into account; provided always that where Clause 17.3.1 applies, the Council shall, in accordance with the recommendations of the FOIA Code, draw this to the attention of the provider prior to any disclosure. 17.4 Subject to the Council complying with its obligations under this Clause 17 the Council shall not be liable for any loss, damage, harm or other detriment suffered by the provider or any sub- contractor arising from the disclosure of any Information, whether or not such Information is Confidential Information, falling within the scope of the FOIA or EIR. 17.5 The provider shall indemnify the Council against all claims, demands, actions, costs, proceedings and liabilities whatsoever that that particular Council incurs due to the provider’s or any sub-contractor’s breach of this Clause 17 17.6 Each Service Provider The provider shall ensure that all Information is retained for disclosure and shall permit the Client and terms of any sub-contract which it enters into with a sub- contractor replicate the Authorised Entities to inspect provisions of this Clause 17 such records that the Council has the same rights against a sub-contractor as requested from time to timeit does against the provider under this Clause17.

Freedom of Information. 17.1 41.2.1 The Service Providers acknowledge Supplier acknowledges that the Client and the Authorised Entities may be Authority is subject to the requirements of the FOIA Freedom of Information Xxx 0000 (FOIA) and the EIR Environmental Information Regulations 2004 and shall assist and co-operate with the Client or Authority (at the Authorised Entity concerned Supplier's expense) to enable it the Authority to comply with its these information disclosure obligationsrequirements. 17.2 Each Service Provider shall and shall procure that its sub-contractors shall: 17.2.1 transfer to 41.2.2 Where the Client Authority receives a request for information under the Freedom of Information Xxx 0000 or the Authorised Entity all Requests Environmental Information Regulations 2004 in relation to information that the Supplier is holding on its behalf, the Authority shall notify the Supplier of such a request for Information that it receives information as soon as practicable and in any event practicable. 41.2.3 The Supplier shall; (a) provide the Authority with confirmation as to whether it holds the information subject to the request within two 2 (2two) Working Business Days of receiving a Request for Information; 17.2.2 the request and if then requested by the Authority provide the Client or the Authorised Entity with a copy of all Information in its possession, or power such information in the form that the Client or the Authorised Entity Authority requires within five 5 (5five) Working Business Days of the request (or such other period as the Client or the Authorised Entity Authority may specify) of the Client’s or the Authorised Entity’s Authority request; and 17.2.3 (b) provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Authority in connection with any such information to enable the Client or the Authorised Entity Authority to respond to the Request request for Information information within the time for compliance set out in section 10 the Freedom of Information Xxx 0000 and the FOIA or regulation 5 of the EIREnvironmental Information Regulations 2004. 17.3 the Client or the Authorised Entity concerned 41.2.4 The Authority shall be responsible for determining in at its absolute discretion discretion: (a) whether any Information information is exempt from disclosure under the Freedom of Information Xxx 0000 and the Environmental Information Regulations 2004; and (b) whether the existence of information is to be confirmed or denied, and whether information is to be disclosed in accordance with the provisions of the FOIA or the EIR. 17.4 In response to a request for information, and in no event shall a Service Provider the Supplier respond directly to a Request request for Information information unless expressly authorised in writing to do so by the Client or the relevant Authorised EntityAuthority. 17.5 Each Service Provider acknowledges that 41.2.5 Without prejudice to the Client and rest of this clause 41.2, the Authorised Entities may, acting in accordance Authority will consult with the relevant codes of practice on Supplier to ascertain whether the Discharge of Supplier believes that information provided by or relating to the Functions of Public Authorities Supplier is exempt from disclosure under Part 1 of the Freedom of Information Xxx 00000000 and/or the Environmental Information Regulations 2004. The decision of the Authority as to whether or not an exemption does, in fact, apply, is deemed to be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into accountfinal. 17.6 Each Service Provider 41.2.6 The Supplier shall ensure that all Information information produced in the course of or relating to this Agreement is retained for disclosure and shall permit the Client and the Authorised Entities Authority to inspect such records as requested from time to time. 41.2.7 The Supplier acknowledges that the Authority may, acting in accordance with the Secretary of State for Constitutional Affairs’ Code of Practice on the discharge of public authorities’ functions under Part 1 of the Freedom of Information Xxx 0000 (issued under section 45 of the Freedom of Information Xxx 0000, November 2004), be obliged under the Freedom of Information Xxx 0000 or the Environmental Information Regulations 2004 to disclose information: (a) without consulting with the Supplier; or (b) following consultation with the Supplier and having taken its views into account provided always that where clause 41.2.7(b) applies the Authority shall, in accordance with any recommendations of the Secretary of State for Constitutional Affairs’ Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier’s attention as soon as possible after any such disclosure.

Freedom of Information. 17.1 35.1 The Service Providers acknowledge Contractor acknowledges that the Client and the Authorised Entities may be is subject to the requirements of the FOIA and the EIR Environmental Information Regulations 2004 (“the Environmental Regulations”) and shall assist and co-operate cooperate with the Client or (at the Authorised Entity concerned Contractor’s expense) to enable it the Client to comply with its information these Information disclosure obligationsrequirements including complying with any protocols developed by the Client in relation to the FOIA during the Contract Period. 17.2 Each Service Provider 35.2 The Contractor shall and shall procure that its subSub-contractors Contractors shall: 17.2.1 35.2.1 transfer any Request for Information (as defined in the FOIA or Environmental Regulations, as applicable) it receives to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 35.2.2 provide the Client or the Authorised Entity with a copy of all Information in its possession, possession or power in the form that the Client or the Authorised Entity requires within five (5) Working Days (or such other period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s requestClient requesting that Information; and 17.2.3 35.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR.Environmental Regulations; and 17.3 the Client or the Authorised Entity concerned shall be responsible for determining 35.2.4 not, in its absolute discretion whether any Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 In no event shall a Service Provider event, respond directly to a Request for Information unless expressly authorised to do so by the Client. 35.3 The Client shall be responsible for determining at its absolute discretion whether any or all of the Confidential Information: 35.3.1 is exempt from disclosure in accordance with the provisions of the FOIA or the relevant Authorised Entity.Environmental Regulations; or 17.5 Each Service Provider 35.4 The Contractor acknowledges that the Client and may be obliged under the Authorised Entities may, acting in accordance FOIA or the Environmental Regulations to disclose Information: 35.4.1 without consulting with the relevant codes of practice on Contractor; or 35.4.2 following consultation with the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite Contractor and having taken the Service Provider’s its views into account. 17.6 Each Service Provider 35.5 The Contractor shall ensure that all Information produced in the course of the Call Off Contract or relating to the Call Off Contract is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time. 35.6 The Contractor acknowledges that any lists or schedules provided by it outlining Confidential Information are of indicative value only and that the Client may nevertheless be obliged to disclose Confidential Information in accordance with clause 35.4.

Freedom of Information. 17.1 The Service Providers acknowledge SERVICE PROVIDER acknowledges that the Client and the Authorised Entities may be CUSTOMER is subject to the requirements of the Code of Practice on Government Information, FOIA and the EIR Environmental Information Regulations, which for the purposes of this Clause 32 means the Environmental Information Regulations 2004 and any guidance and/or codes of practice issued by the Information Commissioner in relation to such regulations, and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned CUSTOMER to enable it the CUSTOMER to comply with its information Information disclosure obligations. 17.2 Each Service Provider . The SERVICE PROVIDER shall and shall procure that its subSub-contractors Contractors shall: 17.2.1 : transfer to the Client or the Authorised Entity CUSTOMER all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity CUSTOMER with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity CUSTOMER requires within five (5) Working Days (or such other period as the Client or the Authorised Entity CUSTOMER may specify) of the Client’s or the Authorised EntityCUSTOMER’s request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity CUSTOMER to enable the Client or the Authorised Entity CUSTOMER to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned Environmental Information Regulations. The CUSTOMER shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with the provisions of the Code of Practice on Government Information, FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a Service Provider the SERVICE PROVIDER respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider CUSTOMER. The SERVICE PROVIDER acknowledges that the Client and the Authorised Entities CUSTOMER may, acting in accordance with the relevant codes Department of practice Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider SERVICE PROVIDER, or despite having taken the Service ProviderSERVICE PROVIDER’s views into account. 17.6 Each Service Provider . The SERVICE PROVIDER shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities CUSTOMER to inspect such records as requested from time to time.

Freedom of Information. 17.1 19.1 The Service Providers acknowledge Consultant acknowledges that the Client and the Authorised Entities may be is subject to the requirements of the FOIA FOI(S)A and the EIR EI(S)A and shall assist and co-operate cooperate with the Client or to facilitate the Authorised Entity concerned to enable it to comply Client's compliance with its information disclosure obligationsrequirements pursuant to the same in the manner provided for in Clauses 19.2 to 19.8. 17.2 Each Service Provider shall and shall procure 19.2 Where the Client receives a request for information in relation to information that its the Consultant and/or the Consultant's employees, officers, agents, sub-contractors or servants is holding and which the Client does not hold itself, if the Client refers the request for information to the Consultant, the Consultant shall: 17.2.1 (a) provide the Client with a copy of all such information in the form that the Client requires as soon as practicable and in any event within five (5) Business Days (or such other period as the Client acting reasonably may specify) of the Client's request; and (b) provide all necessary assistance as reasonably requested by the Client in connection with any such information, to enable the Client to respond to the request for information within the time for compliance set out in section 10 of the FOI(S)A or Regulation 5 of the EI(S)A. 19.3 Following notification under Clause 19.2, and up until such time as the Consultant has provided the Client with all the information specified in Clause 19.2(a), the Consultant may make representations to the Client as to whether or not or on what basis information requested should be disclosed, and whether further information should reasonably be provided in order to identify and locate the information requested, provided always that the Client shall be responsible for determining at its absolute discretion: (a) whether information is exempt from disclosure under FOI(S)A and the EI(S)A; (b) whether Information is to be disclosed in response to a request for information; and (c) in no event shall the Consultant respond directly, or allow any employee, officer, agent, sub-contractor or servant to respond directly, to a request for information unless expressly authorised to do so by the Client. 19.4 The Consultant shall ensure that all Information held on behalf of the Client is retained for disclosure until the date of Practical Completion plus an additional twelve years, and shall permit the Client to inspect such Information as requested from time to time. 19.5 The Consultant shall transfer to the Client or any request for information received by the Authorised Entity all Requests for Information that it receives Consultant as soon as practicable and in any event within two (2) Working Business Days of receiving a Request for Information;it. 17.2.2 provide the Client 19.6 The Consultant acknowledges that any lists provided by it listing or the Authorised Entity with a copy outlining confidential information are of all Information in its possession, or power in the form indicative value only and that the Client or the Authorised Entity requires within five (5) Working Days (or such other period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s request; and 17.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity nevertheless be obliged to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure disclose confidential information in accordance with the requirements of FOI(S)A and the EI(S)A. 19.7 The Consultant acknowledges that (notwithstanding the provisions of the FOIA or the EIR. 17.4 In no event shall a Service Provider respond directly to a Request for Information unless expressly authorised to do so by Clause 18 (Confidentiality)) the Client or the relevant Authorised Entity. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, acting in accordance with the relevant codes Scottish Ministers Code of practice Practice on the Discharge of the Functions of Public Authorities under Part 1 6 of FOI(S)A (the Freedom of "Code") and/or having full regard to any guidance or briefings issued by the Scottish Information Xxx 0000Commissioner or the Scottish Ministers, be obliged under FOI(S)A, or the EI(S)A to disclose Information concerning the Contract and/or any employee, officer, agent, sub-contractor or servant of the Consultant and/or the Services: (a) in certain circumstances without consulting or obtaining consent from the Service Provider or despite Consultant; or (b) following consultation with the Consultant and having taken the Service Provider’s their views into account. 17.6 Each Service Provider 19.8 In the event that the Consultant is or becomes subject to the Environmental Information (Scotland) Regulations 2004 (as amended) or FOI(S)A it shall ensure that all comply with its obligations under the Environmental Information is retained for disclosure (Scotland) Regulations 2004 (as amended) and shall permit FOI(S)A. In doing so, it will use reasonable endeavours to consult the Client before disclosing Information about them or any agreement entered into between the Client and the Authorised Entities Consultant. 19.9 The Consultant acknowledges that pursuant to inspect such the Public Records (Scotland) Act 2011, the Client must prepare and maintain a records management plan ("Records Management Plan") setting out proper arrangements for the management of the Client’s public records (as requested that term is defined by section 3(1) of the Public Records (Scotland) Act 2011) and ensure that its public records are managed in accordance with its Records Management Plan. Insofar as any public records will be created by or on behalf of the Consultant or otherwise come into the possession of the Consultant in carrying out the Client's functions during the Works and/or pursuant to this Appointment, the Consultant shall comply at all times with the Client's Records Management Plan (as the same may be updated from time to time) and provide all such assistance as the Client may require to enable it to comply with the Public Records (Scotland) Act 2011.

Freedom of Information. 17.1 The Service Providers Consultants acknowledge that the Client Authority and the Authorised Entities Users may be subject to the requirements of the FOIA and the EIR and shall assist and co-operate with the Client Authority or the Authorised Entity User concerned to enable it to comply with its information disclosure obligations. 17.2 Each Service Provider Consultant shall and shall procure that its sub-contractors shall: 17.2.1 transfer to the Client Authority or the Authorised Entity User all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 provide the Client Authority or the Authorised Entity User with a copy of all Information in its possession, or power in the form that the Client Authority or the Authorised Entity User requires within five (5) Working Days (or such other period as the Client Authority or the Authorised Entity User may specify) of the ClientAuthority’s or the Authorised EntityUser’s request; and 17.2.3 provide all necessary assistance as is reasonably requested by the Client Authority or the Authorised Entity User to enable the Client Authority or the Authorised Entity User to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client The Authority or the Authorised Entity User concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 In no event shall a Service Provider Consultant respond directly to a Request for Information unless expressly authorised to do so by the Client Authority or the relevant Authorised EntityUser. 17.5 Each Service Provider Consultant acknowledges that the Client Authority and the Authorised Entities Users may, acting in accordance with the relevant codes Department of Constitutional Affairs’ Code of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider Consultant or despite having taken the Service ProviderConsultant’s views into account. 17.6 Each Service Provider Consultant shall ensure that all Information is retained for disclosure and shall permit the Client Authority and the Authorised Entities Users to inspect such records as requested from time to time.

Freedom of Information. ‌ 17.1 The Service Providers acknowledge Authorities recognise that the Client each Authority is a public authority as defined by FOI Legislation and the Authorised Entities therefore recognise that information relating to this Agreement may be the subject to the requirements of the FOIA and the EIR and an Information Request which shall assist and co-operate be considered in accordance with the Client or the Authorised Entity concerned to enable it to comply with its information disclosure obligationsthis Clause 17. 17.2 Each Service Provider The Authorities shall assist each other in complying with their obligations under FOI Legislation, as they relate to Information Requests made in relation to this Agreement, including but not limited to assistance without charge in gathering information to respond to an Information Request relating to this Agreement. For the avoidance of doubt, nothing in this clause 17.2, shall require an Authority to provide information, if the relevant information has not been held on behalf of the Authority that received the Information Request. 17.3 Where an Authority receives an Information Request in relation to this Agreement and shall procure another Authority holds information or records on behalf of that its sub-contractors shall: 17.2.1 transfer Authority, upon request, such other Authority agrees to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 provide the Client or the Authorised Entity first Authority with a copy of all such information related to the Information in its possessionRequest, or power in the form that the Client or the Authorised Entity first Authority reasonably requires within five (5) Working Days business days (or such other period as the Client or the Authorised Entity first Authority may reasonably specify) of the Client’s or the Authorised Entityfirst Authority’s request. 17.4 Each Authority, as a separate public authority, shall in its absolute and sole discretion, decide: 17.4.1 whether the Information Request is valid under the FOI Legislation, as well as all other considerations relevant in the assessment of an Information Request under the FOI Legislation, such as any considerations (as may be applicable) regarding the cost of complying with a request or any charges for responding to a request, whether the request is repeated, vexatious or manifestly unreasonable and any other relevant considerations; 17.4.2 whether the information requested in an Information Request is relevant to the Agreement; 17.4.3 whether, if the Information Request does relate to the Agreement, whether the information is Exempt Information; 17.4.4 where appropriate, whether or not in all circumstances of the case the public interest in maintaining any exemption outweighs the public interest in disclosing the requested information ; and 17.2.3 provide all necessary assistance 17.4.5 whether the information requested in the Information Request is to be disclosed or not, or proactively disclosed regardless of whether an Information Request has been received or not. 17.5 Where an Authority receives an Information Request for information about the Agreement which may be Exempt Information and which refers to one or more of the Authorities, then where reasonably practicable and, subject to clause 17.6 take reasonable steps prior to disclosure of such information to: 17.5.1 circulate the Information Request to the other Authorities and invite the other Authorities to make representations to the Authority which received the Information Request as to whether or not the information is Exempt Information as soon as reasonably requested by the Client or the Authorised Entity possible, ensuring that such submissions are made in good time so as to enable the Client Authority which received the Information Request to comply with their obligations under the FOI Legislation; and 17.5.2 in good faith, consider any representations raised by the other Authorities when deciding whether to disclose Exempt Information, but the Authority which receives the Information Request shall not be obliged to accept or the Authorised Entity to respond agree to the Request for Information within representations which are made by the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIRother Authorities. 17.3 the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with 17.6 The Authorities acknowledge that (notwithstanding the provisions of this clause 17) the FOIA or Authority which received the EIR. 17.4 In no event shall a Service Provider respond directly to a Information Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, under the FOI Legislation or acting in accordance with the relevant codes Department of practice Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 I of the Freedom of Information Xxx 0000Act 2000 (the “Code”), be obliged under the FOI Legislation to disclose Information information concerning this Agreement or the other Authorities: 17.6.1 in certain circumstances without consulting or obtaining consent from with the Service Provider or despite other Authorities; or 17.6.2 following consultation with the other Authorities and having taken the Service Provider’s their views into account, provided always that where clause 17.5.1 above applies the Authority which receives the Information Request, take reasonable steps wherever practicable to draw this to the attention of the other Authorities prior to any disclosure. 17.6 Each Service Provider shall ensure 17.7 The Authorities acknowledge and agree that all an Authority will not be liable to the other Authority for any loss, damage, harm or detrimental effect arising from or in connection with the disclosure of information in response to an Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to timeRequest.

Freedom of Information. 17.1 9.1 The Service Providers acknowledge Grant Recipient acknowledges that the Client and the Authorised Entities may be Grant Funder is subject to the requirements of the FOIA Freedom of Information Xxx 0000 (FOIA) and the EIR Environmental Information Regulations 2004 (EIR) and shall assist and co-operate with the Client or the Authorised Entity concerned Grant Funder to enable it the Grant Funder to comply with its these information disclosure obligationsrequirements. 17.2 Each Service Provider shall and shall procure that its sub-contractors 9.2 The Grant Recipient shall: 17.2.1 (a) transfer any FOIA/EIR request for information to the Client or the Authorised Entity all Requests for Information that it receives Grant Funder as soon as practicable after receipt and in any event within two (2) Working Business Days of receiving a Request any such request for Informationinformation; 17.2.2 (b) provide the Client or the Authorised Entity Grant Funder with a copy of all Information information in its possession, possession or power in the form that the Client or the Authorised Entity Grant Funder requires to answer any FOIA/EIR request within five (5) Working Business Days (or such other period as the Client or the Authorised Entity Grant Funder may specify) of the Client’s or the Authorised Entity’s requestGrant Funder requesting that information; and 17.2.3 (c) provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Grant Funder to enable the Client or the Authorised Entity Grant Funder to respond to the Request any request for Information information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned 9.3 The Grant Funder shall be responsible for determining in at its absolute discretion whether any Information the information: (a) is exempt from disclosure in accordance with the provisions of the FOIA or EIR; (b) is to be disclosed in response to a request for information, and in no event, shall the EIR. 17.4 In no event shall a Service Provider Grant Recipient respond directly to a Request request for Information such information unless expressly authorised to do so by the Client or the relevant Authorised EntityGrant Funder. 17.5 Each Service Provider acknowledges that the Client 9.4 The Grant Recipient shall be responsible for ensuring all necessary assistance and the Authorised Entities may, acting information is received from any third parties in accordance facilitating Grant Funder’s compliance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into accountits statutory disclosure obligations. 17.6 Each Service Provider 9.5 The Grant Recipient shall ensure that all Information information produced by it in the course of the agreement or relating to the agreement is retained for disclosure and shall permit the Client and the Authorised Entities Grant Funder to inspect such records information as requested from time to timetime and in accordance with the terms of this agreement. 9.6 Notwithstanding any other term of the agreement, the Grant Recipient hereby consents to the Grant Funder publishing this agreement in its entirety, (but with any information which is exempt from disclosure appropriately redacted) including from time to time agreed changes to the agreement, to the general public. 9.7 The provisions of this clause shall survive expiry or termination of the agreement.

Freedom of Information. 17.1 42.1 The Service Providers acknowledge Commissioner is a public authority to which the FOIA applies. The Commissioner is obliged to consider written requests for information from members of the public and must disclose the requested information unless an exemption is available under the Act. In response to a request for information (including information provided by the Contractor in the course of this tendering exercise), the Commissioner may be required to confirm or deny it holds information to the applicant. 42.2 The Commissioner will generally make the following information available on request:- (a) the names of successful bidder(s); (b) the duration of the contract; and (c) the goods or services supplied. 42.3 The Commissioner must respond to requests for information by the 20th working day after the request is received and, whilst the Commissioner may consult with the Contractor (but will not necessarily do so) about specific requests, any such consultation will have to be completed within a very short timescale. Accordingly, the Contractor must consider whether any of the information supplied by the Contractor (or relating to the Contractor) in this tendering exercise falls within one or more of the exemptions contained in Part II of the FOIA. If the Contractor does consider any such exemption to exist, then this shall be set out in detail, at the earliest opportunity (preferably when providing the information), the particular information to which any exemption applies and the specific grounds for contending that the Client exemption exists. 42.4 The Contractor shall provide the Commissioner with all reasonable assistance and co- operation to enable it to comply with any requests for information received under the Authorised Entities may be FOIA within the prescribed time limits. 42.5 The Contractor shall take any necessary legal advice in relation to the operation of the FOIA at the earliest opportunity. 42.6 No liability shall arise on the part of the Commissioner in respect of the disclosure of any information by it in proper compliance with the FOIA. 42.7 The Contractor acknowledges that the Commissioner is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or Commissioner (at the Authorised Entity concerned Contractor’s expense) to enable it the Commissioner to comply with its information these Information disclosure obligationsrequirements. 17.2 Each Service Provider 42.8 The Contractor shall and shall procure that its sub-contractors shall: 17.2.1 (a) transfer the Request for Information to the Client or the Authorised Entity all Requests for Information that it receives Commissioner as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 (b) provide the Client or the Authorised Entity Commissioner with a copy of all Information in its possession, possession or power in the form that the Client or the Authorised Entity Commissioner requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Commissioner may specify) of the Client’s or the Authorised Entity’s requestCommissioner requesting that Information; and 17.2.3 (c) provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Commissioner to enable the Client or the Authorised Entity Commissioner to respond to the a Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIREnvironmental Information Regulations. 17.3 the Client or the Authorised Entity concerned 42.9 The Commissioner shall be responsible for determining in at its absolute discretion whether the Commercially Sensitive Information and/or any Information other Information: (a) is exempt from disclosure in accordance with the provisions of the FOIA or the EIR.Environmental Information Regulations; 17.4 In (b) is to be disclosed in response to a Request for Information, and in no event shall a Service Provider the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised EntityCommissioner. 17.5 Each Service Provider 42.10 The Contractor acknowledges that the Client and the Authorised Entities Commissioner may, acting in accordance with the relevant codes Department for Constitutional Affairs’ Code of practice Practice on the Discharge of the Functions of Public Authorities under Part 1 I of the Freedom of Information Xxx 0000FOIA, be obliged under the FOIA or the Environmental Information Regulations to disclose Information Information:- (a) without consulting or obtaining consent from with the Service Provider or despite Contractor, or (b) following consultation with the Contractor and having taken the Service Provider’s its views into account. 17.6 Each Service Provider 42.11 The Contractor shall ensure that all Information produced in the course of the Contract or relating to the Contract is retained for disclosure and shall permit the Client and the Authorised Entities Commissioner to inspect such records as requested from time to time. 42.12 The Contractor acknowledges that any lists or schedules provided by it outlining Confidential Information are of indicative value only and that the Commissioner may nevertheless be obliged to disclose Confidential Information in accordance with Clause 42.10

Freedom of Information. 17.1 14.2.1 The Service Providers acknowledge Provider acknowledges that the Client Agency is subject to legal duties which may require the release of information under FOIA and/or EIR and that the Authorised Entities Agency may be under an obligation to provide Information subject to the requirements of the FOIA and the EIR and shall assist and co-operate with the Client or the Authorised Entity concerned to enable it to comply with its information disclosure obligations. 17.2 Each Service Provider shall and shall procure that its sub-contractors shall: 17.2.1 transfer to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 provide the Client or the Authorised Entity with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires within five (5) Working Days (or such other period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s request; and 17.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned 14.2.2 The Agency shall be responsible for determining in its absolute discretion whether whether:- (a) any Information is exempt from disclosure Exempted Information or remains Exempted Information; or (b) any Information is to be disclosed in accordance with the provisions of the FOIA or the EIR. 17.4 In response to a Request for Information; and in no event shall a Service the Provider respond directly to a Request for Information to which the Agency is required to respond, except to confirm receipt of the Request for Information and that the Request for Information has been passed to the Agency unless otherwise expressly authorised to do so by the Client or the relevant Authorised EntityAgency. 17.5 Each Service 14.2.3 Subject to Condition 14.2.4 below, the Provider acknowledges that the Client and Agency may be obliged under FOIA or EIR to disclose Information:- (a) without consulting the Authorised Entities may, acting in accordance Provider or (b) following consultation with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite and having taken (or not taken, as the Service Provider’s case may be) its views into account. 17.6 Each Service 14.2.4 Without in any way limiting Conditions 14.2.2 and 14.2.3, in the event that the Agency receives a Request for Information, the Agency will, where appropriate, as soon as reasonably practicable notify the Provider. 14.2.5 The Provider shall ensure that all Information is retained will assist and co-operate with the Agency as requested by the Agency to enable the Agency to comply with its disclosure requirements under FOIA and EIR within the prescribed periods for disclosure compliance and in particular without limitation will (and shall procure that its Group Companies agents contractors and sub-contractors will), at their own cost: (a) transfer any Request for Information received by the Provider or any Group Company (as applicable) to the Agency as soon as practicable after receipt and in any event within two Business Days of receiving a request for information; (b) provide all such assistance as may be required from time to time by the Agency and supply such data or information as may be requested by the Agency; (c) provide the Agency with any data or information in its possession or power in the form that the Agency requires within five Business Days (or such other period as the Agency may specify) of the Agency requesting that Information and (d) permit the Client and the Authorised Entities Agency to inspect such any records as requested from time to time 14.2.6 Nothing in this Deed will prevent the Agency from complying with any valid order, decision, enforcement or practice recommendation notice issued to it by the Information Commissioner under FOIA and / or EIR in relation to any Exempted Information. 14.2.7 The obligations in this Condition 14 will survive the expiry or termination of this Deed and each Equity Loan for a period of 2 years or, in respect of any particular item of Confidential Information, until such earlier time as that item of Confidential Information reaches the public domain otherwise th a n by reason of a breach of this Deed or of any other duty of confidentiality relating to that information.

Freedom of Information. 17.1 12.1 The Service Providers acknowledge Broker acknowledges that the Client Agency is subject to legal duties which may require the release of information under FOIA and/or EIR and that the Authorised Entities Agency may be under an obligation to provide Information subject to a Request for Information. 12.2 The Agency shall be responsible for determining in its absolute discretion whether:- 12.2.1 any Information is Exempted Information or remains Exempted Information; or 12.2.2 any Information is to be disclosed in response to a Request for Information; and in no event shall the requirements Broker respond directly to a Request for Information to which the Agency is required to respond to, except to confirm receipt of the Request for Information and that the Request for Information has been passed to the Agency unless otherwise expressly authorised to do so by the Agency. 12.3 Subject to Clause 12.4 below, the Broker acknowledges that the Agency may be obliged under FOIA or EIR to disclose Information:- 12.3.1 without consulting the Broker or 12.3.2 following consultation with the Broker and having taken (or not taken, as the EIR case may be) its views into account. 12.4 Without in any way limiting Clauses 12.2 and shall 12.3, in the event that the Agency receives a Request for Information, the Agency will, where appropriate, as soon as reasonably practicable notify the Broker. 12.5 The Broker will assist and co-operate with the Client or Agency as requested by the Authorised Entity concerned Agency to enable it the Agency to comply with its information disclosure obligations. 17.2 Each Service Provider shall requirements under FOIA and EIR within the prescribed periods for compliance and in particular without limitation will (and shall procure that its agents and sub-contractors shallwill), at their own cost: 17.2.1 12.5.1 transfer any Request for Information received by the Broker to the Client or the Authorised Entity all Requests for Information that it receives Agency as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request request for Informationinformation; 17.2.2 12.5.2 provide all such assistance as may be required from time to time by the Agency and supply such data or information as may be requested by the Agency; 12.5.3 provide the Client Agency with any data or the Authorised Entity with a copy of all Information information in its possession, possession or power in the form that the Client or the Authorised Entity Agency requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Agency may specify) of the Client’s or the Authorised Entity’s request; andAgency requesting that Information; 17.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 In no event shall a Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into account. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall 12.5.4 permit the Client and the Authorised Entities Agency to inspect such records as requested from time to time 12.6 Nothing in this Agreement will prevent the Agency from complying with any valid order, decision, enforcement or practice recommendation notice issued to it by the Information Commissioner under FOIA and / or EIR in relation to any Exempted Information.

Freedom of Information. 17.1 The Service Providers acknowledge Supplier acknowledges that the Client and the Authorised Entities may be Customer is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned Customer to enable it the Customer to comply with its information Information disclosure obligations. 17.2 Each Service Provider . The Supplier shall and shall procure that its subSub-contractors shall: 17.2.1 : transfer to the Client or the Authorised Entity Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity Customer with a copy of all Information in its possession, or power control in the form that the Client or the Authorised Entity Customer requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Customer may specify) of the Client’s or the Authorised Entity’s Customer's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Customer to enable the Client or the Authorised Entity Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned Environmental Information Regulations. The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other Contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a Service Provider the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider Customer. The Supplier acknowledges that (notwithstanding the Client and provisions of clause 20.6) the Authorised Entities Customer may, acting in accordance with the relevant codes Department of practice Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 00000000 ("the Code"), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information information concerning the Supplier or the Services: in certain circumstances without consulting the Supplier; or obtaining consent from following consultation with the Service Provider or despite Supplier and having taken the Service Provider’s their views into account. 17.6 Each Service Provider , provided always that where clause 20.8.5 applies the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier's attention after any such disclosure. The Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of this Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client and the Authorised Entities Customer to inspect such records as requested from time to time.. The Supplier acknowledges that the Commercially Sensitive Information is of indicative value only and that the Customer may be obliged to disclose it in accordance with clause 20.8.5. The Contractor shall use its best endeavours to ensure that its Staff, professional advisors and consultants comply with FOIA The parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Contract is not Confidential Information. The Customer shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA. Notwithstanding any other term of this Contract, the Supplier hereby gives his consent for the Customer to publish the Contract in its entirety, including from time to time agreed changes to the Agreement, to the general public. The Customer may consult with the Supplier to inform its decision regarding any redactions but the Customer shall have the final decision in its absolute discretion. The Supplier shall assist and cooperate with the Customer to enable the Customer to publish this Contract. WARRANTIES AND REPRESENTATIONS The Supplier warrants, represents and undertakes to the Customer that: it has full capacity and authority and all necessary consents (including where its procedures so require, the consent of its Parent Company) to enter into and perform its obligations under the Contract; the Contract is executed by a duly authorised representative of the Supplier; in entering the Contract it has not committed any Fraud; as at the Commencement Date, all information, statements and representations contained in the Tender and the PQQ Response for the Services are true, accurate and not misleading save as may have been specifically disclosed in writing to the Customer prior to execution of the Contract and it will advise the Customer of any fact, matter or circumstance of which it may become aware which would render any such information, statement or representation to be false or misleading and all warranties and representations contained in the PQQ Response and Tender shall be deemed repeated in this Contract; no claim is being asserted and no litigation, arbitration or administrative proceeding is presently in progress or, to the best of its knowledge and belief, pending or threatened against it or its assets which will or might affect its ability to perform its obligations under the Contract; it is not subject to any contractual obligation, compliance with which is likely to have an adverse effect on its ability to perform its obligations under the Contract; no proceedings or other steps have been taken and not discharged (nor, to the best of its knowledge, are threatened) for the winding up of the Supplier or for its dissolution or for the appointment of a receiver, administrative receiver, liquidator, manager, administrator or similar officer in relation to any of the Supplier's assets or revenue; it owns, has obtained or is able to obtain valid licences for all Intellectual Property Rights that are necessary for the performance of its obligations under the Contract; The Supplier warrants represents and undertakes to the Customer that: the Services shall be provided and carried out by appropriately experienced, qualified and trained Staff with all due skill, care and diligence; in the three (3) years prior to the Commencement Date: it has conducted all financial accounting and reporting activities in all material respects in compliance with the generally accepted accounting principles that apply to it in any country where it files accounts; and it has been in full compliance with all applicable securities and tax laws and regulations in the jurisdiction in which it is established; it has not done or omitted to do anything which could have an adverse effect on its assets, financial condition or position as an ongoing business concern or its ability to fulfil its obligations under the Contract; and for the Contract Period that all Staff will be vetted in accordance with Good Industry Practice, the Security Policy and the Quality Standards. For the avoidance of doubt, the fact that any provision within this Contract is expressed as a warranty shall not preclude any right of termination the Customer may have in respect of breach of that provision by the Supplier. The Supplier acknowledges and agrees that: the warranties, representations and undertakings contained in this Contract are material and are designed to induce the Customer into entering into this contract; and the Customer has been induced into entering into this Contract and in doing so has relied upon the warranties, representations and undertakings contained herein. LIABILITIES

Freedom of Information. 17.1 The Service Providers acknowledge Supplier acknowledges that the Client and the Authorised Entities may be Customer is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned Customer to enable it the Customer to comply with its information Information disclosure obligations. 17.2 Each Service Provider . The Supplier shall and shall procure that its subSub-contractors Contractors shall: 17.2.1 : transfer to the Client or the Authorised Entity Customer all Requests for Information that it receives as soon as practicable and in any event within two ([2) ] Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity Customer with a copy of all Information in its possession, or power control in the form that the Client or the Authorised Entity Customer requires within five ([5) ] Working Days (or such other period as the Client or the Authorised Entity Customer may specify) of the Client’s or the Authorised Entity’s Customer's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Customer to enable the Client or the Authorised Entity Customer to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the Client or the Authorised Entity concerned Environmental Information Regulations. The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other Contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a Service Provider the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider Customer. The Supplier acknowledges that the Client and the Authorised Entities Customer may, acting in accordance with the relevant codes Ministry of practice Justice’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Act 2000 ("the Code"), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information information concerning the Supplier or Services: in certain circumstances without consulting the Supplier; or obtaining consent from following consultation with the Service Provider or despite Supplier and having taken the Service Provider’s their views into account. 17.6 Each Service Provider , provided always that where clause applies the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier's attention after any such disclosure. The Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of this Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client and the Authorised Entities Customer to inspect such records as requested from time to time.. The Supplier acknowledges that the listing of information as Commercially Sensitive Information is of indicative nature only and that the Customer may be obliged to disclose it in accordance with clause . The Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of the FOIA, the content of this Contract is not Confidential Information. The Customer shall be responsible for determining in its absolute discretion whether any of the content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA. Notwithstanding any other term of this Contract, the Supplier hereby gives his consent for the Customer to publish the Contract in its entirety, including from time to time agreed changes to the Contract, to the general public. The Customer may consult with the Supplier to inform its decision regarding any redactions but the Customer shall have the final decision in its absolute discretion. The Supplier shall assist and cooperate with the Customer to enable the Customer to publish this Contract. WARRANTIES AND REPRESENTATIONS The Supplier warrants, represents and undertakes to the Customer that: it has full capacity and authority and all necessary consents, licences, permissions (statutory, regulatory, contractual or otherwise) (including where its procedures so require, the consent of its Parent Company) to enter into and perform its obligations under the Contract; the Contract is executed by a duly authorised representative of the Supplier; in entering the Contract it has not committed any Fraud; it has not committed any offence under the Prevention of Corruption Acts 1889 to 1916, or the Bribery Act 2010; this Contract shall be performed in compliance with all Laws (as amended from time to time) and all applicable Quality Standards or Technical Standards; it has taken and shall continue to take all steps, in accordance with Good Industry Practice, to prevent the: introduction, creation or propagation of any disruptive element, virus, worms and/or Trojans, spyware or other malware (including any Malicious Software); and unauthorised use of and modification or access to (or into), the Software, systems, data, software or Confidential Information (held in electronic form) owned by or under the control of, or used by, the Customer; it shall take all measures to avoid any and all data loss and data corruption during the provision of the Software in accordance with Good Industry Practice; it shall take all measures to avoid the failure or reduced performance (in whole or in part) of the Services; in performing its obligations under this Contract, all Software used by or on behalf of the Supplier will be currently supported versions of that Software and perform in all material respects in accordance with its specification; as at the Commencement Date, all information, warranties, statements and representations contained in the Tender and the PQQ Response for the Services and (unless otherwise agreed) any other document which resulted in the award of the Framework Agreement are true, accurate and not misleading save as may have been specifically disclosed in writing to the Customer prior to execution of the Contract and it will advise the Customer of any fact, matter or circumstance of which it may become aware which would render any such information, statement or representation to be false or misleading and all warranties and representations contained in the PQQ Response and Tender and (unless otherwise agreed) any other document which resulted in the award of the Framework Agreement shall be deemed repeated in this Contract with reference to the circumstances existing at the time that they are deemed to be repeated; no claim is being asserted and no litigation, arbitration or administrative proceeding is presently in progress or, to the best of its knowledge and belief, pending or threatened against it or its assets which will or might affect its ability to perform its obligations under the Contract; it is not subject to any contractual obligation, compliance with which is likely to have an adverse affect on its ability to perform its obligations under the Contract; no proceedings or other steps have been taken and not discharged (nor, to the best of its knowledge, are threatened) for the winding up of the Supplier or for its dissolution or for the appointment of a receiver, administrative receiver, liquidator, manager, administrator or similar officer in relation to any of the Supplier's assets or revenue; it owns, has obtained or is able to obtain valid licences for all Intellectual Property Rights that are necessary for the performance of its obligations under the Contract and shall maintain the same in full force and effect; The Supplier warrants represents and undertakes to the Customer that: the Services shall be provided and carried out by appropriately experienced, qualified and trained Staff with all due skill, care and diligence; it shall discharge its obligations hereunder (including the provision of the Services) with all due skill, care and diligence including in accordance with Good Industry Practice and its own established internal procedures; the Services are and will continue to be during the Contract Period: of satisfactory quality and fit for purpose; in conformance with the relevant specifications set out in this Contract, the relevant Order and (if applicable) the manufacturer’s specifications and documentation; free from material programming errors and material defects in design, manufacture or materials throughout the applicable warranty period; consistent with any requirements set out or referred to in this Contract relating to quality and security and the Supplier shall ensure that all aspects of the Services are the subject of quality management systems and risk mitigation measures; in the three [3] years prior to the Commencement Date: it has conducted all financial accounting and reporting activities in all material respects in compliance with the generally accepted accounting principles that apply to it in any country where it files accounts; and it has been in full compliance with all applicable securities and tax laws and regulations in the jurisdiction in which it is established; it has not done or omitted to do anything which could have an adverse effect on its assets, financial condition or position as an ongoing business concern or its ability to fulfil its obligations under the Contract; and for the Contract Period that all Staff will be vetted in accordance with Good Industry Practice, the Security Policy and the Quality Standards. For the avoidance of doubt, the fact that any provision within this Contract is expressed as a warranty shall not preclude any right of termination the Customer may have in respect of breach of that provision by the Supplier. The Supplier acknowledges and agrees that: the warranties, representations and undertakings contained in this Contract are material and are designed to induce the Customer into entering into this contract; and the Customer has been induced into entering into this Contract and in doing so has relied upon the warranties, representations and undertakings contained herein. LIABILITIES

Freedom of Information. 17.1 The Service Providers acknowledge that the Client and the Authorised Entities may be subject to the requirements of the FOIA and the EIR and shall assist and co-operate with the Client or the Authorised Entity concerned to enable it to comply with its information disclosure obligations. 17.2 Each Service Provider shall and shall procure that its sub-contractors shall: 17.2.1 transfer to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 provide the Client or the Authorised Entity with a copy of all Information in its possession, or power in the form that the Client or the Authorised Entity requires within five (5) Working Days (or such other period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s request; and 17.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR.the 17.3 the Client or the Authorised Entity concerned shall be responsible for determining in its absolute discretion whether any Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 In no event shall a Service Provider respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider acknowledges that the Client and the Authorised Entities may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged to disclose Information without consulting or obtaining consent from the Service Provider or despite having taken the Service Provider’s views into account. 17.6 Each Service Provider shall ensure that all Information is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.

Freedom of Information. 17.1 1) The Service Providers acknowledge Contractor acknowledges that the Client and the Authorised Entities may be is subject to the requirements of the FOIA and the EIR Environmental Information Regulations, and shall assist and co-operate cooperate with the Client or (at the Authorised Entity concerned Contractor’s expense) to enable it the client to comply with its information all Information disclosure obligationsrequirements. 17.2 Each Service Provider 2) The Contractor shall and shall procure ensure that its sub-contractors shall: 17.2.1 a. transfer to the Client or the Authorised Entity all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request any Requests for InformationInformation that it receives; 17.2.2 provide b. assist the Client, at no additional charge and within such timescales as the Client or may reasonably specify, in meeting any Requests for Information which are made to the Authorised Entity with Client, such assistance to include, but not be limited to, provision of a copy of all Information information in its possession, possession or power control in the form that format requested by the Client or the Authorised Entity requires within five (5) Working Days (of request by the Client, or such other period as the Client or the Authorised Entity may specify) of the Client’s or the Authorised Entity’s request; and 17.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity to enable the Client or the Authorised Entity to respond to the Request for Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR. 17.3 the 3) The Client or the Authorised Entity concerned shall be responsible for determining in at its absolute discretion whether any Information whether: a. the information is exempt from disclosure in accordance with the provisions of under the FOIA or and the EIR.Environmental Information Regulations; 17.4 In b. the information is to be disclosed in response to a Request for Information; and c. in no event shall a Service Provider the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised EntityClient. 17.5 Each Service Provider 4) The Contractor acknowledges that the Client and the Authorised Entities may, acting in accordance with the relevant codes Department of practice Constitutional Affairs’ Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, be obliged under the FOIA, or the Environmental Information Regulations to disclose Information information: a. without consulting or obtaining consent from with the Service Provider or despite Contractor; or b. following consultation with the Contractor and having taken the Service Provider’s its views into account. 17.6 Each Service Provider 5) The Parties may set out, in a Schedule to the Contract, a list of information which the Parties reasonably consider is exempt information (as defined in Section 84 FOIA), together with a reference to the relevant section of the FOIA which confirms the exemption. The Contractor acknowledges that any such Schedule is of indicative value only and that, as set out at Clause 28.7.3, the Client shall determine, at its absolute discretion, whether or not to release Information in response to a Request for Information. 6) If the Client and the Contractor have drawn up a Schedule of exempt information, the Client shall not be liable for any loss or damage suffered by the Contractor, whether in contract, tort (including negligence) or any other way, as a result of the Client releasing Information in response to a Request for Information. 7) If, at the request of the Contractor, the Client seeks to withhold information on the basis that it is exempt information and a competent authority determines, or the Parties subsequently agree, that the information is not exempt, then the Contractor shall reimburse the Client for all costs (including but not limited to legal costs) incurred by the Client in seeking to withhold such Information from a Request for Information. 8) The Contractor shall ensure that all Information information produced in the course of the Contract or relating to the Contract is retained for disclosure and shall permit the Client and the Authorised Entities to inspect such records as requested from time to time.

Freedom of Information. 17.1 13.1 The Service Providers acknowledge Provider acknowledges that the Client and the Authorised Entities may be Purchaser is subject to the requirements of the FOIA and Freedom of Information Xxx 0000 (the EIR FOIA) and shall assist and co-operate with the Client or Purchaser (at the Authorised Entity concerned Provider’s expense) to enable it the Purchaser to comply with its information disclosure obligationsrequirements. 17.2 Each Service 13.2 The Provider shall and shall procure that its sub-contractors shall:shall:- 17.2.1 13.2.1 transfer all requests for information to the Client or Purchaser (where it is reasonably apparent that such are intended to be requests for information for the Authorised Entity all Requests for Information that it receives Purchaser) as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request request for Informationinformation; 17.2.2 13.2.2 provide the Client or the Authorised Entity Purchaser with a copy of all Information any information in its possession, possession or power in the form that the Client or the Authorised Entity Purchaser requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Purchaser may specify) of the Client’s or the Authorised Entity’s requestPurchaser requesting that information; and 17.2.3 13.2.3 provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Purchaser to enable the Client or the Authorised Entity Purchaser to respond to the Request a request for Information information within the time for compliance set out in section Section 10 of the FOIA or regulation 5 of the EIRFOIA. 17.3 the Client or the Authorised Entity concerned 13.3 The Purchaser shall be responsible for determining in at its absolute discretion whether the Commercially Sensitive Information and/or any Information other information:- 13.3.1 is exempt from disclosure in accordance with the provisions of the FOIA or Code of Practice on the EIRDischarge of Public Authorities' Functions under Part 1 FOIA; or 13.3.2 is to be disclosed in response to a request for information. 17.4 13.4 In no event shall a Service the Provider respond directly to a Request request for Information information unless expressly authorised to do so by the Client or the relevant Authorised EntityPurchaser. 17.5 Each Service 13.5 The Provider acknowledges that the Client and the Authorised Entities Purchaser may, acting in accordance with the relevant codes Code of practice Practice on the Discharge of the Public Authorities' Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000FOIA, be obliged to disclose Information Information: 13.5.1 without consulting or obtaining consent from with the Service Provider; or 13.5.2 following consultation with the Provider or despite and having taken the Service Provider’s its views into account. 17.6 Each Service 13.6 The Provider shall ensure that all Information information produced in the course of this Contract or relating to this Contract is retained for disclosure and shall permit the Client and the Authorised Entities Purchaser to inspect such records as requested from time to time. 13.7 The Provider acknowledges that any lists or schedules provided by it outlining Commercially Sensitive Information are of indicative value only and that the Purchaser may nevertheless be obliged to disclose Confidential Information in accordance with Clause 13.4.

Freedom of Information. 17.1 37.1. The Service Providers acknowledge Contractor acknowledges that the Client and the Authorised Entities may be Authority is subject to the requirements of the FOIA and the EIR FOIL and shall assist and co-operate cooperate with the Client or Authority (at the Authorised Entity concerned Contractor’s expense) to enable it the Authority to comply with its information disclosure obligationsrequirements (if necessary). 17.2 Each Service Provider 37.2. The Contractor shall and shall procure that its sub-contractors shall: 17.2.1 (a) transfer the Request for Information to the Client or the Authorised Entity all Requests for Information that it receives Authority as soon as practicable after receipt and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 (b) provide the Client or the Authorised Entity Authority with a copy of all Information in its possession, possession or power in the form that the Client or the Authorised Entity Authority requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Authority may specify) of the Client’s or the Authorised Entity’s requestAuthority requesting that Information; and 17.2.3 (c) provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Authority to enable the Client or the Authorised Entity Authority to respond to the a Request for Information within the time for compliance set out in section 10 Article 13 of the FOIA FOIL or regulation 5 of any subordinate legilslation made under the EIRLaw. 17.3 the Client or the Authorised Entity concerned 37.3. The Authority shall be responsible for determining in at its absolute discretion whether the Commercially Sensitive Information and/or any Information other Information: (a) is exempt from disclosure in accordance with the provisions of the FOIA or the EIR.FOIL; 17.4 In (b) is to be disclosed in response to a Request for Information; and in no event shall a Service Provider the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised EntityAuthority. 17.5 Each Service Provider 37.4. The Contractor acknowledges that the Client and the Authorised Entities Authority may, acting in accordance with the relevant codes of practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000, FOIL be obliged under FOIL to disclose Information Information: (a) without consulting or obtaining consent from with the Service Provider or despite Contractor, or (b) following consultation with the Contractor and having taken the Service Provider’s its views into account. 17.6 Each Service Provider 37.5. The Contractor shall ensure that all Information produced in the course of the Contract or relating to the Contract is retained for disclosure for the term of this Agreement or as otherwise agreed and shall permit the Client and the Authorised Entities Authority to inspect such records (including but not limited to audit records of disposed information) as requested from time to time. 37.6. The Contractor acknowledges that any lists or Schedules provided by it outlining Confidential Information are of indicative value only and that the Authority may nevertheless be obliged to disclose Confidential Information in accordance with clause 37.4.

Freedom of Information. 17.1 The Service Providers acknowledge Supplier acknowledges that the Client and the Authorised Entities may be Customer is subject to the requirements of the FOIA and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned Customer to enable it the Customer to comply with its information Information disclosure obligations. 17.2 Each Service Provider . The Supplier shall and shall procure that its sub-contractors Sub‑Contractors shall: 17.2.1 : transfer to the Client or the Authorised Entity Customer all Requests for Information that it receives as soon as practicable and in any event within two (2) Working Days of receiving a Request for Information; 17.2.2 ; provide the Client or the Authorised Entity Customer with a copy of all Information in its possession, or power control in the form that the Client or the Authorised Entity Customer requires within five (5) Working Days (or such other period as the Client or the Authorised Entity Customer may specify) of the Client’s or the Authorised Entity’s Customer's request; and 17.2.3 and provide all necessary assistance as is reasonably requested by the Client or the Authorised Entity Customer to enable the Client or the Authorised Entity Customer to respond to the Request for Information within the time for compliance set out in section Section 10 of the FOIA or regulation 5 five (5) of the EIR. 17.3 the Client or the Authorised Entity concerned Environmental Information Regulations. The Customer shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this Contract or any other contract whether the Commercially Sensitive Information and/or any other Information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR. 17.4 Environmental Information Regulations. In no event shall a Service Provider the Supplier respond directly to a Request for Information unless expressly authorised to do so by the Client or the relevant Authorised Entity. 17.5 Each Service Provider Customer. The Supplier acknowledges that (notwithstanding the Client and provisions of Clause 10.4 above) the Authorised Entities Customer may, acting in accordance with the relevant codes Ministry of practice Justice’s Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the Freedom of Information Xxx 0000Act 2000 ("the Code"), be obliged under the FOIA, or the Environmental Information Regulations to disclose Information information concerning the Supplier or the Vehicles and/or Services: in certain circumstances without consulting the Supplier; or obtaining consent from following consultation with the Service Provider or despite Supplier and having taken the Service Provider’s their views into account. 17.6 Each Service Provider , provided always that where this Clause 10.6.5 applies the Customer shall, in accordance with any recommendations of the Code, take reasonable steps, where appropriate, to give the Supplier advanced notice, or failing that, to draw the disclosure to the Supplier's attention after any such disclosure. The Supplier shall ensure that all Information is retained for disclosure in accordance with the provisions of this Contract and in any event in accordance with the requirements of Good Industry Practice and shall permit the Client and the Authorised Entities Customer to inspect such records as requested from time to time. The Supplier acknowledges that the Commercially Sensitive Information is of indicative value only and that the Customer may be obliged to disclose it in accordance with Clause 10.6.5 above.

Freedom of Information. 17.1 4.6.1 The Service Providers acknowledge Contractor acknowledges that the Client and the Authorised Entities may be Authority is subject to the requirements of the FOIA Freedom of Information Act (FOIA) and the EIR Environmental Information Regulations and shall assist and co-operate cooperate with the Client or the Authorised Entity concerned Authority to enable it Authority to comply with its information disclosure obligations. 17.2 Each Service Provider 4.6.2 The Contractor shall and shall procure that its any sub-contractors shall: 17.2.1 contactors shall transfer to the Client or the Authorised Entity Authority all Requests requests for Information information that it receives as soon as practicable and in any event within two (2) Working Days working days of receiving a Request request for Informationinformation; 17.2.2 provide a) Provide the Client or the Authorised Entity Authority with a copy of all Information information in its possession, or power in the form that the Client or the Authorised Entity requires Authority required within five (5) Working Days working days (or such other period as the Client or the Authorised Entity Authority may specify) of the Client’s or the Authorised Entity’s Authority‟s request; and 17.2.3 provide b) Provide all necessary assistance as is reasonably requested requester by the Client or the Authorised Entity Authority to enable the Client or the Authorised Entity authority to respond to the Request request for Information information within the time for compliance set out in section 10 of the FOIA or regulation Regulation 5 of the EIRenvironment information regulations. 17.3 the Client or the Authorised Entity concerned 4.6.3 The Authority shall be responsible for determining in its absolute discretion and notwithstanding any other provision in this agreement or any other agreement whether any Information information is exempt from disclosure in accordance with the provisions of the FOIA or the EIREnvironmental Information Regulations. 17.4 4.6.4 In no event shall a Service Provider the Contractor respond directly to a Request request for Information information unless expressly authorised to do so by the Client or the relevant Authorised EntityAuthority. 17.5 Each Service Provider 4.6.5 The Contradictor acknowledges that the Client and the Authorised Entities authority may, acting in accordance with the relevant codes Secretary of practice State for Constitutional Affairs Code of Practice on the Discharge discharge of the Functions of Public Authorities under Part 1 of the The Freedom of Information Xxx 0000Act 2000 (“The Code”), be obliged under the FOIA, or the Environmental Information regulations to disclose Information without information concerning the Contractor or the services in certain circumstances: a) Without consulting the Contractor or obtaining consent from following consultation with the Service Provider or despite Contractor and having taken the Service Provider’s their views into account; b) Provided always that the Authority shall, in accordance with any recommendations of the Code, take reasonable steps where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractors attention after any such disclosure. 17.6 Each Service Provider 4.6.6 The Contractor shall ensure that all Information information is retained for disclosure and shall permit the Client and the Authorised Entities Authority to inspect such records as requested from time to time.